Florida Rep. Matt Gaetz on Tuesday filed a bill that allows states to battle illegal immigration as the federal government, under President Joe Biden, has proven unable or unwilling to do the job.
Gaetz, a Fort Walton Beach Republican, introduced the ‘‘State Border Security Act,” which mirrors a Senate bill filed last month by Ohio Republican Sen. J.D. Vance.
The measure, if enacted, would prohibit federal agents from removing barriers, such as barbed wire, installed by state governments within 25 miles of the U.S.-Mexico border.
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In a press release, Gaetz’s office said the measure follows a recent U.S. Supreme Court decision that permitted the Biden administration to remove border barriers erected by the state of Texas.
The bill would exclude fencing built to encourage, instead of prevent, illegal immigration.
Additionally, the measure would allow the attorney general to seek a court injunction if there is “definitive” evidence a state government installed fencing to promote illegal immigration.
“Last month, the Supreme Court gave the Biden administration the ability to destroy border fencing erected by Texas to protect its citizens from illegal aliens. My legislation, along with Sen. Vance’s, will codify that states along the Southern Border have the right to protect their territory,” Gaetz said in a statement.
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“Since the Biden administration refuses to take action, Congress must empower states to defend themselves against the unprecedented invasion at the southern border,” he added.
Texas Republican Gov. Greg Abbott oversaw the construction of 29 miles of razor wire along the Rio Grande River to try to slow the flood of illegals into his state.
The Supreme Court’s 5-4 decision to support Biden’s contention that Border Patrol agents could remove the state’s barrier was a temporary move until the court could hear arguments about the controversy. That was set for last week.
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Yet Republican governors in 25 states, including Florida Gov. Ron DeSantis, have filed court records supporting Abbott’s argument that Texas has the right to defend itself in the wake on no action by the federal government.
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