Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
The debate on whether President Joe Biden should seize control of the Texas National Guard in order to force it to comply with a recent Supreme Court ruling is continuing to rage between Democrats and Republicans.
Texas Representative Joaquin Castro and former congressman and 2020 presidential hopeful Beto O’Rourke, both Democrats, are among those who are urging Biden to federalize the state’s National Guard to allow Border Patrol agents to remove razor wire put up along the U.S.-Mexico border by Texas law enforcement in order to prevent illegal immigration.
In a 5-4 ruling on January 22, the Supreme Court sided with the Biden administration, which said that the wire erected in Eagle Pass was put up illegally and prevented Border Patrol from trying to detain people who were attempting to cross the border via the Rio Grande.
Despite the ruling, Texas Governor Greg Abbott argued that Biden is failing his duties as president by not controlling the record levels of illegal crossings at the southern border during his time in office. Abbott has also declared that Texas is currently under an “invasion” and invoked the state’s constitutional right to defend and protect itself.
“That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border,” Abbott said.
As a result, Abbott is allowing the Texas National Guard to continue to install the razor wire along the border. He is refusing to allow Border Patrol agents access to Shelby Park—a riverfront park in Eagle Pass that migrants are using to enter the U.S. illegally—in order to remove the wires.
Newsweek reached out to the White House and Abbott via email for comment.
Biden is within his power to federalize the Texas National Guard in accordance with Title 10 of the U.S. Code, which would mean the state’s troops would be under direct orders of the president.
In 1957, President Dwight D. Eisenhower placed the Arkansas National Guard under federal authority and ordered them to protect nine Black students who enrolled at Central High School in Little Rock. The move arrived after the state’s governor, Orval Faubus, previously called the troops to prevent the Black students’ entry into the all-white school, despite a Supreme Court ruling that declared segregation in public schools unconstitutional.
Currently, Texas National Guard troops are operating under Title 32, which means they fall under the command of the Texas governor as their commander-in-chief.
“Abbott is using the Texas Guard to defy a Supreme Court ruling. When Gov. Faubus did this in 1957, Eisenhower federalized the Arkansas Guard to ensure compliance with the law,” O’Rourke posted on X, formerly Twitter. “Biden must follow this example of bold, decisive leadership to end this crisis before it gets worse.”
However, questions have been raised as to whether Biden can federalize the Texas National Guard in these current circumstances, with some suggesting the president does not have the legal justification to do so.
“Title 10 can only supersede Title 32 in a national emergency. In this case, Biden would have to activate the Texas National Guard to guard the border. Otherwise it is an unlawful order,” retired Air Force General Robert Spalding posted on X.
SAUL LOEB/AFP/Getty Images
Presumably, a move to federalize the Texas National Guard would mean the Border Patrol would quickly move in and remove the razor wire, which has been the focus of the arguments in the Lone Star state.
Others have suggested such a move could have broader implications for Biden, as well as setting up possible further legal challenges and issues.
“If the Texas National Guard are federalized under Title 10 for the sole purpose of pulling them off the Texas border and out of the chain of command of the Commander in Chief of the Texas military after Gov. Abbott invoked his constitutional authority to defend the Texas border, the founders would have envisioned this as a crime and misdemeanor and impeachable offense,” Jonathan Hullihan, a constitutional law and national security law expert, told The Center Square.
Texas Attorney General Ken Paxton also suggested that the Democrats calling for Biden to federalize the National Guard “don’t understand the law” and the president must first declare a national emergency.
“That goes to the whole question, why is he declaring an emergency? Obviously, we have one, right? And now he’s admitting it,” Paxton told Newsmax. “I think that becomes a political issue for him, it becomes a real problem for him politically.”
Beyond continuing to defy the Biden Administration and ordering law enforcement to still erect razor wire, Abbott has also indicated that he is willing to appeal any decision from the president to the Supreme Court.
Professor Peter Shane, a law lecturer at New York University and constitutional law expert, dismissed Abbott’s suggestion that he can have supreme authority in Texas after declaring that the state is under “invasion” from people crossing the border illegally.
“This is nonsense. Governors have no power to declare anything under the U.S. Constitution, nor does the Constitution give states any legal power to countermand the exercise of federal authority,” Shane previously told Newsweek.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
It’s that time of year again – prom season. For many students, it’s a night to remember, but between dresses and other expenses, the costs can add up quickly. Every year, St. Andrew’s Methodist Church steps up to help ease the financial burden for families, offering free prom dresses and accessories to young women.
“I’m feeling very excited, very happy, you know it’s all like coming to me at once,” said Gabrielle Bennett, a high school junior.
Prom season is a moment many young girls look forward to, and finding the perfect dress.
“It was a lot of searching through a lot of dresses.. and seeing what fits, what doesn’t, what looks nice, and then you finally find one, and it fits perfect,” said Ally Atkins, a high school senior.
For 17 years, St. Andrew’s Methodist Church has opened its prom closet to girls across North Texas, helping those who may not be able to afford the high cost of prom. This year, organizers hope to serve 1,400 shoppers. There are more than 5,000 dresses to choose from in different colors, styles, and sizes.
“Every young lady should feel special at prom. Every young lady deserves to be beautiful, and in some cases, some of these young ladies, this would not be possible,” said Kathy Moore, a Prom Closet chairman.
The experience is designed to feel like a real boutique – from trying on dresses to grabbing the perfect shoes, bag, and accessories. Everything is donated.
“I had one yesterday that walked into our dress area, and she stopped and just said, ‘wow,’ and so right there, that moment, that’s why we do it,” Moore said.
Organizers said the event is made possible by community donations and dozens of volunteers, but they’re always looking for more help. Next year, they hope to serve even more girls, continuing their mission to make more prom dreams come true.
“I want to thank this whole organization, I’m very grateful,” Bennett said.
If you know someone who may need a prom dress this season, the Prom Closet is open until March 7. It is by appointment only. For more information, visit: https://standrewmethodist.org/prom-closet/
EL PASO, TEXAS (KFOX14/CBS4) — A major change is coming to how vehicles are titled and registered in Texas, with local officials and border-area dealerships bracing for questions, delays and the possibility that some buyers could take their business out of state.
Beginning March 5, 2026, Texans applying for an original vehicle title and registration will need proof of identity and proof of legal status in the United States.
The Texas Motor Vehicle Board approved a new rule requiring county tax offices to verify that documentation before processing those transactions.
“If the person doesn’t have valid ID, we cannot register their vehicle,” said Ruben Gonzalez, the El Paso County tax assessor-collector.
Gonzalez said the rule is mandatory statewide and is not a local policy, but a state mandate he is required to follow as an agent of the DMV.
Under the rule, buyers must present a REAL ID-compliant Texas ID or other federally recognized documents, including a passport or permanent resident card.
Gonzalez said the rule takes effect March 5 for new titles and registrations, but proof of legal status for registration renewals will not be required until Jan. 1, 2027.
“We’re going to give a year’s time for those people to qualify, but more so to allow the entities, businesses like lean holders and dealers and the county offices to be trained on what’s an acceptable form of documentation to accept from people that are renewing online or in our offices,” Gonzalez said.
Destiny Venecia reports on Texas to require proof of identity and legal status for vehicle titles, registrations (Credit: KFOX14)
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Local dealerships said they are working to adapt, but some employees and customers are uneasy about the change.
Luis Fierro, president of the El Paso Hispanic Independent Automobile Dealer Association, said, “My personnel is a little bit scared to make a mistake. Within the dinner community, they’re all scared, they’re all lost in the system. They’re trying to figure out, as we all believe, an ID was a real ID. Now we find out that what we knew that was good to be used is no longer good.”
Border-area dealerships also worry customers could buy and register vehicles in New Mexico, taking taxes and fees out of Texas.
“Customers are scared of the new implementation, that they’re going to take their business to New Mexico, pay their taxes in New Mexico, and handle the registration and renewals in the state of New Mexico and avoid Texas,” Fierro said.
County leaders said the concern extends beyond lost sales to lost revenue for Texas counties.
“It’s going to be a loss of revenue because if they go to New Mexico, we can’t collect our fees that are due because they’re all they’re running using our highways,” Gonzalez said.
County officials said they expect an increase in questions and possible delays in the first few months after the rule takes effect March 5, 2026.
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