Why is Governor Abbot so intent on having a toe-to-toe confrontation with the Biden Administration?
The United States Constitution gives authority to the Federal Government to control Naturalization. Federal Law gives the Federal Government the authority to control Immigration.
While Abbot has a valid complaint that the Federal Government is not upholding the law, ordering Texas to break the law may not be the best solution.
During my many years of dealing with opposing viewpoints, I have learned that winning without confrontation is the most productive path to take. It’s called finesse.
Read: Texas Gov. Greg Abbott: Operation Lone Star Holds The Line To Defend Southern Border
How would Texas finesse an end to the confrontation?
Consider that the actual border between Mexico and the United States (in Texas) is the centerline of the Rio Grande River. The migrant who has crossed halfway is an illegal immigrant before he even reaches the shore.
Now consider that the land that abuts the shoreline is owned by someone. It’s mostly private property, but there are a few pieces that are owned by municipalities and counties.
So, here’s the finesse. If Texas were to place the barricades, including wire, walls, and shipping crates, twenty feet or so upland of the water’s edge, then the illegal migrant will have a place to come ashore.
Along that barricade, Texas could put up signs reading “Private Property: NO TRESPASSING.” They might even put up one that reads, “Arizona, That Way,” adorned with an arrow pointing West.
The migrant could walk along the strip of land until he arrives at a legal point of entry or Arizona. At the legal point of entry, the migrant could be searched for drugs, guns, and other contraband. Young girls could be interviewed with the goal of discovering and preventing human trafficking and sexual abuse.
Read: Texas Gov. Abbott Tells Tucker He’s ‘Prepared’ To Face Off Biden Over National Guard Control
In that manner, Texas has not impeded immigration, but is protecting property rights. Any migrant who cuts the wire can also be charged with damaging public or private property, as the case may be. He could be fined, made to pay restitution, and perhaps even put in jail. Of course, the Governor could pardon such a migrant on the condition that he return to his home country and, should he desire, immigrate legally next time.
In a more extreme finesse, the State of Texas could then take the entire twenty-foot strip of land under eminent domain, declare it a park, maybe even naming it “Migrants Park,” and add signs that read, “No Loitering. No Littering. No Open Fires. Violators will be fined.”
Having done that the Texas National Guard would have every right to enforce the criteria in support of the Texas Parks System. People littering, loitering, or having an open fire could be arrested, charged, and offered the same deal as the one committing property damage.
In either of the above scenarios, Texas’ position is founded squarely in property rights and does not step on the toes of the Administration. No confrontation: finesse.
About The Author: Thomas R. Cuba, Ph.D.
Raised a simple Missouri farm boy, Tom managed to attend a British Prep School before commencing a college career that would culminate in a Doctorate Degree in Marine Ecology. He also served as an Intelligence Officer in the U.S. Navy, and as a scoutmaster, SCUBA instructor, Wilderness Survival Instructor, and Firearms Instructor.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Tampa Free Press.
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