The Round Up: A Border Dispute
Texas challenges the federal government, and Arizona leaders respond.
A note to our readers: Today our round-up sizes up the current drama surrounding immigration and our southern border, taking a close look at how Arizona leaders are responding to Texas’ clash with federal authorities.
While we don’t cover it in this week’s round-up, the Arizona Republican Party has endured an incredibly newsworthy week. The folks over at the Arizona Agenda did a good job covering it, though we do advise readers that they tend to lean left of center.
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Last week, U.S. Customs and Border Protection (CBP) reported a record-high 249,785 arrests on the Mexican border during December of 2023. This number represented a 13% increase from 2022, which also saw record levels of encounters at the southern border. According to the CBP’s Southwest Land Border Encounters Report, Arizona’s Tucson sector served as the most popular entry point with 80,185 arrests last month. Amid these record figures, officials across the state–and in both parties–have continued to bring attention to the need for immigration reform at the state and federal levels.
Beyond Arizona, Republican-led states have clashed with the Biden Administration over recent actions related to border security. For example, Texas Governor Greg Abbott has reaffirmed his intentions to reinstall razor wire across the state’s border with Mexico despite repeated warnings from the federal government. As of January 26, twenty-five of the twenty-six Republican Governors in the U.S. have expressed support for Abbott, while U.S. Border Patrol reportedly has “no plans” to remove the wire.
Two-Week Border Timeline
Given recent occurrences along the southern border, including tragic deaths and record-setting numbers of arrests, the relationship between the state and federal government has come to the forefront. Most notably, Texas Governor Greg Abbott has continued to assert his state government’s claim to disputed territory in Eagle Pass, undeterred by a recent Supreme Court order temporarily allowing U.S. Border Patrol to remove razor wire at the border. As tensions escalate, the situation has prompted responses not only from Texas officials, including Attorney General Ken Paxton and Governor Greg Abbott, but also from governors across the nation.
January 15 - U.S. Solicitor General Elizabeth Prelogar led the Biden Administration in submitting a filing to the Supreme Court regarding the January 12 drownings of a woman and two children near Shelby Park in Texas. In its court filing, the Administration wrote that these recent tragedies “underscore that Texas is firm in its continued efforts to exercise complete control of the border and land adjacent to it on this 2.5-mile stretch of the Rio Grande and to block Border Patrol’s access to the border even in emergency circumstances.” Solicitor General Prelogar emphasized that Texas “made [it] impossible” for Border Patrol to “fulfill its responsibilities and assist its counterparts in the Mexican government with undertaking the rescue mission.”
January 17 - Texas Attorney General Ken Paxton wrote to the Department of Homeland Security (DHS) after it requested Texas remove personnel from “Shelby Park in the City of Eagle Pass” on this day. While DHS called for removal of the Texas Military Department (TMD) service members, Paxton emphasized that “the State will continue utilizing its constitutional authority to defend her territory.” Further, he commented that DHS should “stop wasting scarce time and resources suing Texas,” and instead “start enforcing the immigration laws Congress already has on the books.”
January 22 - The Supreme Court voted 5-4 to vacate an appeals court ruling that allowed concertina wire–commonly referred to as “razor” wire–placed at the border by Texas law enforcement officials to remain. The Supreme Court’s order, which was opposed by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh, essentially renders void a previous injunction from the 5th U.S. Circuit Court of Appeals that prohibited border personnel from removing the wire. While after the ruling DHS applauded the idea that “[e]nforcement of immigration law is a federal responsibility,” Texas Governor Greg Abbott (R) emphasized that he will “continue to defend Texas' constitutional authority to secure the border and prevent the Biden Admin from destroying our property.” Also on January 22, Texas Attorney General Ken Paxton (R) commented that this “fight is not over,” adding that he “look[s] forward to defending [his] state’s sovereignty.”
January 23 - In response to the continued presence of the Texas National Guard at Shelby Park, DHS called for “full access” to the disputed areas in a letter sent to AG Paxton. Specifically, DHS requested access to a set of locations, including to the “entire Shelby Park area during emergency circumstances,” so that it may “patrol the border and directly monitor the Rio Grande River consistent with U.S. Border Patrol’s responsibility and statutory authorities.”
January 24 - In a statement on Texas’ constitutional right to self-defense, Governor Abbott wrote that the “federal government has broken the compact between the United States and the States.” Abbott stated that the Executive branch “has a constitutional duty to enforce federal laws protecting States, including immigration laws on the books right now,” before criticizing President Biden for “refus[ing] to enforce those laws and [] even violat[ing] them.” Abbott went on, “James Madison, Alexander Hamilton, and the other visionaries who wrote the U.S. Constitution foresaw that States should not be left to the mercy of a lawless president who does nothing to stop external threats like cartels smuggling millions of illegal immigrants across the border.” Due to the “failure of the Biden Administration,” Governor Abbott announced that he had “already declared an invasion.”
January 25 - Republican Governors from 25 states across the country issued a joint statement “in solidarity with our fellow Governor, Greg Abbott, and the State of Texas in utilizing every tool and strategy, including razor wire fences, to secure the border.” The Governors wrote that the Biden Administration is “refusing to enforce immigration laws already on the books and is illegally allowing mass parole across America of migrants who entered our country illegally,” before emphasizing that Texas “has every legal justification to protect the sovereignty of our states and our nation.”
January 26 - Attorney General Paxton sent a letter to DHS after the agency previously requested the removal of state border personnel from disputed parts of the Shelby Park area on this date. Paxton wrote that while DHS has “claim[ed] [that] Texas has somehow restricted access to land owned by the federal government,” the agency previously argued that “Shelby Park ‘is municipal land owned by the City of Eagle Pass,’ not the United States.” He then requested specific documents and information from DHS as he argued that there are “serious reasons to question” the agency’s “new claims of federal property rights.” In closing, AG Paxton emphasized that he will “continue to defend Texas’s efforts to protect its southern border against every effort by the Biden Administration to undermine the State’s constitutional right of self-defense.”
Border Negotiations
In a statement released Friday, President Biden commented that “we all know the border’s been broken.” Biden subsequently touted recent bipartisan negotiations in the Senate which would “seriously, and finally, address the border crisis,” further emphasizing that the plan “would – if passed into law – be the toughest and fairest set of reforms to secure the border we’ve ever had in our country.” Specifically, President Biden applauded the provision which would give his Office “a new emergency authority to shut down the border when it becomes overwhelmed.”
While a deal on a Senate bill linking border funding to Israel, Ukraine, and Taiwan aid appears imminent according to reports, newly-elected Speaker of the House Mike Johnson (R-LA) has seemingly remained skeptical of a bipartisan compromise. In a letter sent to House colleagues on January 26, Speaker Johnson warned that the Senate version would be “dead on arrival” in the House should rumored provisions be included. Further, Johnson emphasized that the House GOP was intent on “vigorously oppos[ing] any new policy proposal from the White House or Senate that would further incentivize illegal aliens to break our laws,” and instead foreshadowed an impending impeachment inquiry into DHS Secretary Alexander Mayorkas over his role in “willfully ignor[ing] and actively undermin[ing] our nation’s immigration laws.”
In response to these current negotiations on the border, Senator Kyrsten Sinema (I) commented on the possibility of a bipartisan deal that would “secure our border, protect Arizona border communities, and ensure the fair and humane treatment of migrants.” Further, Senator Sinema–who serves as one of the border bill’s three original co-sponsors–stated that the “package we’re working on right now would provide security to our border and change the asylum system so it’s no longer exploited by cartels, creating a humanitarian nightmare for migrants and border communities.” As part of negotiations, Sinema is focused on correcting the idea that: (i) the United States doesn’t “have the ability to turn people away when they come to our border”; and (ii) most individuals claiming asylum status “are not true asylum seekers.”
Senator Mark Kelly (D)–who earlier this month introduced legislation that would “increase staffing and technology to detect and stop the flow of fentanyl coming across the border”–has otherwise been fairly quiet when it comes to negotiations on the border. However, in a recent KGUN interview, Senator Kelly emphasized that “we have a humanitarian situation that's at a breaking point.” While Kelly refrained from giving details on current border negotiations, he noted that “it's not only resources it's also some policy changes as well that could help the system work better and where it could be somewhat manageable for Border Patrol.”
Arizonans on the Border
Governor Hobbs (D)
Joined by Senators Mark Kelly (D) and Kyrsten Sinema (I), Governor Katie Hobbs called the Biden Administration’s decision to close the Lukeville Point of Entry “an unacceptable outcome that further destabilizes our border.” In their December 1 joint statement, Hobbs, Kelly, and Sinema confirmed that “border communities are in crisis” as those “on the front lines do not have the resources they need to manage the overwhelming numbers of migrants crossing” over from Mexico. Further, they commented that “[e]nough is enough,” before calling on the White House to “send immediate resources to secure the border and help our communities.” Lastly, they wrote that “[p]artisan politicians who parrot talking points while watching the border further deteriorate must reject the echo chamber and work with us to get something done and keep our communities safe.”
On December 8, Governor Hobbs launched Operation SECURE (Safety, Enforcement, Coordination, & Uniform Response), a program directing additional state resources to the border in order to “bring order and security.” In her letter to President Biden, Hobbs requested that the 243 National Guard members already stationed in southern Arizona’s Tucson Sector “be put to use” in reopening the then-closed Lukeville Point of Entry. Hobbs was again critical of the Administration’s decision to close the Point of Entry, emphasizing that it “led to an unmitigated humanitarian crisis in the area and has put Arizona’s safety and commerce at risk.”
Just a week later, Governor Hobbs signed an Executive Order calling for an increased National Guard presence in southern Arizona. Coming as part of Hobbs’ Operation SECURE, the Executive Order establishes increased coordination between the National Guard, the Department of Public Safety, and local law enforcement agencies in carrying out “enforcement activities, including fentanyl interdiction, analytical support, and human trafficking enforcement efforts.” In conjunction with the release, Hobbs stated that she was “taking action where the federal government won’t,” as she announced the relocation of service members along the states’ southern border, including near both the San Miguel crossing, as well as Lukeville. Noting “continued requests for assistance,” Hobbs emphasized that the “Biden administration has refused to deliver desperately needed resources to Arizona’s border.”
Earlier this month, Governor Hobbs reaffirmed the need for National Guard presence at the border despite Lukeville’s January 4 reopening. According to KJZZ reports, Hobbs plans to keep the service members “down there for now,” adding that the crisis related to “drug interdiction and other security activities…has not abated.” Moving forward, Hobbs emphasized that “the bigger issue” is the “additional support personnel that’s needed” given the current “influx of migrants” across the state’s border, as well as to “keep the border secure and to keep commerce flowing and tourism.”
Legislature
On January 24, Senator Janae Shamp (R) and Senator David Gowan (R) introduced legislation intended to “provide law enforcement the support they need” in helping to guard against “the border invasion endangering [] Arizona communities with drugs and crime.” The Arizona Border Invasion Act would codify into law three “border-related crimes with subsequent punishments,” specifically granting local, county, or state law enforcement officers the “authority to arrest the following individuals: (i) any non-US citizens who enter [the] state from anywhere but a lawful entrance point; (ii) any non-US citizens who have been denied entry, or have already been removed from [the] Country; and (iii) any non-US citizens who have been ordered to leave because of one of the above crimes but are refusing to comply with the order.” At a press conference held in conjunction with the bill’s release, Senate President Warren Petersen echoed the notion that “Arizona is in a crisis” due to the “negligent inaction of the Biden administration.” Petersen stated that “we're literally seeing a federal government opposing states who are trying to protect their border,” before subsequently touting the legislation that would “arm our law enforcement with tools they need to combat Biden's border crisis.”
Senator Janae Shamp: “Joe Biden and his administration have made it unequivocally clear that they have abandoned their duties to enforce immigration policy at the federal level. As a result, our communities and our citizens are suffering the dire consequences of the lawlessness associated with tens of thousands of people, many of whom are criminals, illegally entering our state each month with no repercussions. It is our duty as state legislators to ensure the safety of our citizens and our law enforcement, which is why I'm calling on my colleagues on both sides of the aisle to support this common sense legislation."
Senator David Gowan: "This is the worst border crisis in U.S. history. Our local sheriffs are overwhelmed, outnumbered, and their lives are in danger. Our communities are suffering from the deadly fentanyl, rapes, murders, high-speed chases, kidnappings, human smuggling, child sex trafficking, and other heinous crimes carried out by those who are entering our state illegally. We can't just sit idly by and watch Biden's border invasion destroy Arizona. I'm urging members of the Legislature to pass our bills and for the Governor to sign them. Lives are on the line, and the hands of our local law enforcement are currently tied."
Local Officials
At the local level, many Sheriffs have expressed dissatisfaction with the federal government’s handling of the pending border situation. For example, Cochise County Sheriff Mark Dannels was quoted as saying that “[w]e have a federal government that should be working arm in arm to protect communities and Americans, and working along with sheriffs, mayors and governors." Dannels went on, "What I see is that’s not happening. Until that recipe of common sense is applied, this is only going to get worse.”
Yavapai County Sheriff David Rhodes recently called the situation at the border “really bad.” Sheriff Rhodes–who leads the police department of the state’s fourth largest county, while also serving as President of the Arizona Sheriff's Association–went on to emphasize that the border is “the worst that any of us have seen."
Before a special joint session of the state legislature, Sheriff Dannels was joined by Yuma Sheriff Leon Wilmot as they called for legislative action on the border. Dannels commented that the border situation is “the ugliest [he’s] ever seen it,” before stating that “[w]e need this president, President Biden and this administration to join forces with the state of Arizona … Until state, local and federal start working together, we’re in trouble.” Sheriff Wilmot subsequently addressed the importance of “hitting the cartels where the money is.”
Other State Headlines
Senator Sine Kerr Introduces Legislation to Safeguard Arizona's Groundwater Resources for Generations to Come (January 23, 2024) - “Senator Sine Kerr is introducing legislation today, for and by rural Arizonans, to provide an additional management tool to residents of groundwater basins outside of active management areas. Representing the product of countless discussions with actual water users across the state, SB 1221 (groundwater management areas; appropriations) allows citizens to initiate, form, and manage groundwater basins, while preserving the existing foundational economy in their communities.”
Governor Katie Hobbs Joins Rep. Hamilton, Sen. Sundareshan Introducing Legislation to Protect Reproductive Healthcare (January 24, 2024) - “Governor Katie Hobbs joined Representative Stahl Hamilton in introducing a package of bills that will protect reproductive freedoms for Arizonans. The bills will repeal Arizona’s near-total abortion ban, enshrine the right to contraception in Arizona law, and end the invasive government practice of collecting and reporting data on abortions in the state.”
Representative Matt Gress Sponsors “State Foreign Agents Registration Act” (January 24, 2024) - “Arizona State Representative Matt Gress has sponsored HB 2506, the State Foreign Agents Registration Act (FARA), legislation requires transparency from foreign agents acting on behalf of adversarial countries within Arizona. Though a federal FARA exists, there are loopholes that are known to be easily exploited, with many foreign agents flying under the radar.”
Surge in Use of AI Leads to Creation of Supreme Court Steering Committee on Artificial Intelligence and the Courts (January 24, 2024) - “The Arizona Supreme Court has announced the formation of the Arizona Steering Committee on Artificial Intelligence and the Courts to be chaired by Chief Justice Robert M. Brutinel. The Steering Committee was created to assess the opportunities and challenges associated with artificial intelligence (AI) and its impact on Arizona courts. This transformative technology has the potential to further improve the way courts process cases, streamline workflows, and analyze legal information. The Court will approach AI integration in an organized manner to account for ethical implications, proper handling of confidential information, understanding of possible biases, and the appropriate use of this emerging technology.”
Arizona agency defends lavish spending to woo CEOs at Super Bowl, Phoenix Open (January 14, 2024) - “The Arizona Commerce Authority, facing scrutiny from the state's top prosecutor for using taxpayer dollars to treat business leaders to sports tickets and four-star resort stays, on Tuesday defended the programs as a means of driving economic growth. ‘We have reviewed the AG’s letter and disagree with its analysis and conclusion,’ Patrick Ptak, a senior vice president and spokesperson for the authority, said in a statement…Attorney General Kris Mayes said last week the programs dubbed CEO Forums violate the Arizona Constitution. She gave the authority a Tuesday deadline to respond and warned she would go to court to stop spending on forums this year. That includes one tied to the Waste Management Phoenix Open golf tournament that begins in just over two weeks.”
Arizona Republicans Seek to Strengthen Punishment for Child Sex Traffickers to Protect Society’s Most Vulnerable Members (January 25, 2024) - “Arizona State Legislative Republicans are taking action to address the urgent need for stronger measures against individuals who engage in child sex trafficking. Representative Selina Bliss and Senator Shawnna LM Bolick today introduced mirror legislation, HCR 2042 and SCR 1021, a referendum that would allow voters to authorize a prison sentence of natural life with no opportunity for release for individuals convicted of the most egregious forms of child sex trafficking.”
Gilbert mayor says she is not seeking reelection in wake of youth violence controversy (January 26, 2024) - “Gilbert Mayor Brigette Peterson announced Thursday she will not run for reelection this year…Her decision not to run for the mayoral seat came after public scrutiny over her handling of youth violence in the town following the death of Preston Lord, a teen from Gilbert…Media reports and social media accounts have implicated group of violent youths known as the Gilbert Goons in the attack on Lord and other assaults in the East Valley. Multiple young adults and teens have been arrested in recent weeks in multiple assault cases.Gilbert Town Council approves teen violence subcommittee after heated debate. The attacks have been going on for years.”
Trump-endorsed candidate Gina Swoboda wins election as Arizona Republican Party chair (January 27, 2024) - “State committee members of the Republican Party elected Trump-endorsed election activist Gina Swoboda to lead the party just days after the previous chair, a Trump ally, was forced to resign…The vote followed DeWit's resignation on Wednesday, the day after Kari Lake released a recording of him offering her a job to quit her U.S. Senate race. He said on the recording that ‘powerful people’ had concerns that Lake's candidacy would hurt donations to the GOP and cause election losses.”
Tweets to Note
This round-up was written by Jared (JJ) Cichoke. He currently works as a Policy Analyst after previously holding various roles with Senator Martha McSally (R-AZ) and the Senate Committee on Indian Affairs. A graduate of Vanderbilt University, he recently moved to Arizona after spending nearly his entire life in Portland, Oregon.