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As the Justice Department’s lawsuit against the state of Texas over the constitutionality of its S.B. 4 law that allows Public Safety officers to detain and deport illegal migrants was heard in court Tuesday, two of the state’s border-district congressmen appeared to have clashing opinions on the Lone Star State’s authority on Fox News.
The Biden administration faced off Wednesday against the Abbott administration in New Orleans federal court as a three-judge panel heard arguments regarding Texas’ appeal of the Fifth Circuit’s blockage of the law.
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Texas Reps. Henry Cuellar and Rep. Tony Gonzales, Democrat and Republican respectively, agreed the migrant deluge is a crisis, but appeared divided on whether the Lone Star State has the right to enact and enforce its own immigration laws.
“Certainly, I’m with you on that,” Cuellar said when asked on “America Reports” whether Texas’ argument that people can just ingress from Mexico unheeded is valid.
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A group of over 100 migrants attempting to enter the US illegally rush a border wall Thursday, March 21, 2024. (James Breeden for New York Post / Mega)
“I’ve [had] this position that we need to work together, and I certainly want to have the state work with the federal government along with the local government.”
The three-judge panel is led by Circuit Judge Priscilla Richman, a George W. Bush appointee, and includes the Biden-appointed Irma Carrillo Ramirez and Trump-appointed Andrew Oldham.
In recent courtroom comments reported by Reuters, Richman said immigrant removal proceedings have not been a power “exercised historically by states,” while Oldham expressed skepticism the White House could prove the entirety of S.B. 4 should be invalidated.
, Cuellar said he understands Gov. Greg Abbott’s frustration, but underlined that standing policy deems the federal government the proper arbiter of immigration law.
“[It’s] not a local or state responsibility, but should we be working together? Absolutely,” he said, underlining that he supports the prosecution and deportation of the migrants involved in the mob violence previously captured on video in El Paso.
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Video“They don’t have a right to assault any of our men and women, whether [they’re] state, federal or local persons,” he said, noting his brother, Webb County Sheriff Martin Cuellar, was a DPS officer for many years, and that he stands with the agency when they face such violent situations.
With the sunsetting of the Trump-era Title 42 health-related border restrictions, Cuellar said Title VIII, which deals with the handling of migrants and foreign nationals, is sound law to turn to in handling the crisis.
He summarized part of Title VIII S.1225, which provides for expedited removal of migrants to their country-of-origin.
“I think something like that will be a lot more effective,” he said, adding that the feds needed and received more detention beds from congressional appropriation.
He reiterated that he wants to see bipartisan cooperation on immigration laws, adding the current asylum statutes are too lenient and allow for too many people to remain in the United States.
Video“[F]our, five or six years later, a judge is going to reject 87 to 90 percent,” he said. “So why are we allowing 100% of the people at the beginning, when we should be allowing only 10 to 12? We’ve got to sit down and work this out together.”
Rep. Tony Gonzales appeared to agree with Cuellar on that front, but claimed Texas is in the right when it struck out on its own to create and enforce immigration laws it felt the Biden administration has failed to.
“I’d say in my district, which is nearly half of the overall southern border, we have our fingers crossed that S.B. 4 will finally get over the finish line, and we will have somebody start to enforce the law,” he told “The Story.”
“It’s very evident that Joe Biden is not willing to enforce the law, and Gov. Abbott is the only one that is willing and able to make our communities safe.”
Gonzales said Texans he speaks with feel Biden “abandoned them” and that they do not understand the apparent discrepancy between enforcement of federal laws on illegal immigrants versus citizens.
He used the example of citizens who don’t pay their taxes being pursued by the Internal Revenue Service, while illegal immigrants can seemingly violate border laws with abandon.
Charles Creitz is a reporter for Fox News Digital.
He joined Fox News in 2013 as a writer and production assistant.
Charles covers media, politics and culture for Fox News Digital.
Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to charles.creitz@fox.com.
