Does Texas Have Any Control Over Who Crosses the Border with Mexico?

Legally, border protection and immigration enforcement are entirely in the federal government's jurisdiction. State governments have no part in them.

Federal Jurisdiction and Border Control

The U.S. Constitution and the laws of the United States clearly establish that the federal government is responsible for managing border protection and immigration enforcement. The federal government decides who can enter the country, how they enter, and how their rights are protected as they cross into the United States.

This responsibility is not shared by state governments. State laws and regulations do not apply to border security or immigration procedures. Therefore, Texas, or any other state, does not have the authority to independently manage border crossings or to impose its own penalties on migrants or human smugglers.

Texas' Legislative Response and Border Measures

Despite the clear federal jurisdiction, Texas is taking significant steps to assert its perceived interests in border security. Notably, the state is:

Increasing its military and police presence along the border. Advocating for and pushing for new legislation that would create stricter state-level penalties for migrants and human smugglers. Proposing to establish a border police force and border protection courts to enforce state controls.

These efforts reflect a desire for more active state involvement in border management. However, it is crucial to understand that any such actions would be in direct contradiction with federal law and would not have legal standing.

Natural Factors Influencing Border Crossing

The border between Texas and Mexico is not a static line carved in stone. The Rio Grande, which forms part of the border, changes its course frequently. It can be nearly dry at times or raging with floodwaters. This dynamic nature makes direct control difficult.

These natural factors contribute to the unpredictability of the border and the ease with which individuals cross. Additionally, some crossings occur away from the official border, often through swampland or other rugged terrain, complicating law enforcement efforts.

Federal vs. State Jurisdiction: A Clear Dichotomy

The federal government's exclusive jurisdiction over border protection and immigration is further emphasized by the U.S. Constitution. Article I, Section 8, grants Congress the power to regulate commerce with foreign nations, and U.S. immigration laws are derived from this authority. The federal government also has the power to declare war and provide for the common defense, which includes managing the nation's borders effectively.

State governments do not have the constitutional authority to enforce customs, immigration, or border laws. Attempts by states to regulate these areas would be considered null and void. Texas' efforts to address border issues are well-intentioned but legally unfeasible.

Conclusion

Despite the perceived need for more control at the state level, the legal reality is that border protection and immigration enforcement are the sole responsibility of the federal government. Texas' efforts to establish stronger state-level controls and penalties are not legally enforceable and would likely face significant legal challenges if implemented.

The focus should remain on a cooperative federal response that addresses the complex issues of border security and immigration in a way that respects both federal authority and the needs of all states.