Southwest
Over 40 lawmakers sign brief to support Texas in immigration fight with Biden administration
FIRST ON FOX: A group of over 40 lawmakers signed on to an Amicus brief supporting the state of Texas in its legal battle with the Biden administration after the Justice Department sued the state earlier this year over a law that would allow Texas police the ability to arrest illegal migrants.
“I am proud to lead 45 of my colleagues in an Amicus Brief supporting Texas’ Article 1 Section 10 to stop the chaos, secure the border, and protect Texans — not only is the Constitution on our side, but the American people are on our side as well,” Rep. Jodey Arrington, R-Texas, the leader of the effort, told Fox News Digital.
Arrington’s comments come as Texas will go to court to defend a state law signed by Republican Gov. Greg Abbott in December that allows Texas law enforcement officers the ability to arrest and charge illegal migrants, which the Justice Department argues falls under federal authority.
“The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and removal of noncitizens,” the lawsuit, which was filed in an Austin federal court, states. “Texas cannot run its own immigration system. “Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations.”
JUSTICE DEPARTMENT SUES TEXAS OVER LAW TO LET POLICE ARREST ILLEGAL IMMIGRANTS
Left: President Biden. Right: Texas Gov. Greg Abbott. (Chip Somodevilla/Getty Images | USA TODAY NETWORK via Reuters Connect)
But Arrington argues that the law is not only constitutional, but was made necessary by the Biden administration’s lack of ability to contain the crisis plaguing the U.S. border with Mexico.
“It is clear to any honest and objective person living in this country that President Biden has willfully disregarded the laws of the land, abdicated his constitutional duty to provide for a common defense, and unilaterally surrendered control of our border to terrorist drug cartels,” Arrington said. “Not only has President Biden failed to enforce our laws and secure our border – he has aggressively obstructed Texas’ efforts to do the job of the federal government, including the DOJ lawsuit over SB4.”
The brief, which was filed in the U.S. district court for the western district of Texas—Austin Division Tuesday evening and reviewed by Fox News Digital, accused the federal government of an “abdication of its duty to protect States from invasion and to take care that the nation’s immigration laws are faithfully executed.”
The brief also accuses the Biden administration of “purposefully” facilitating the “mass illegal entries” of migrants into the U.S., making it necessary for Texas to “secure its borders and repel the invasion of criminal drug cartels and the flood of illegal aliens from around the world.”
Rep. August Pfluger, R-Texas., one of the lawmakers to sign on to the brief, told Fox News Digital that the Biden administration “has proven that they are unwilling to protect Texans from the life-and-death consequences of mass illegal migration.”
An inflatable barrier along the Rio Grande River in Eagle Pass to deter illegal immigrants from crossing into the U.S. (Texas DPS)
JOHNSON CALLS MIGRANT CRISIS ‘TRULY UNCONSCIONABLE’ DURING VISIT TO BESIEGED SOUTHERN BORDER
“Instead of suing the State of Texas for doing the federal government’s job, the President should be focused on protecting the safety of American citizens,” Pfluger said.
The Texas law gives migrants who have been arrested the opportunity to follow a judge’s order to leave the U.S. or be charged with a misdemeanor for illegal entry. Migrants who choose not to leave can face felony charges if arrested again.
The law can be enforced anywhere in the state of Texas, though some places such as schools and churches are off-limits.
The legal battle comes at the same time Texas is involved in another legal battle over the installation of razor wire near the border, a barrier that also angered Mexican officials.
But those measures are part of the state’s right to “defend itself,” Rep. Michael Burgess, R-Texas, told Fox News Digital.
HOUSE HOMELAND SECURITY COMMITTEE SETS FIRST MAYORKAS IMPEACHMENT HEARING
“Texas has the constitutional right to defend itself. There is an outright invasion going on at our southern border and Secretary Mayorkas and the Biden Administration refuse to act,” Burgess said. “I will continue to support Texas’ actions of self-defense which are necessary only because of the Biden Administration’s gross negligence. I am thankful to Rep. Arrington for leading this much needed amicus brief in support of our state.”
Texas Army National Guard members walks by the border. (Texas Military Department )
Arrington, Pfluger, and Burgess were joined by several Republican colleagues in supporting the brief, including Reps. Jeff Duncan, R-S.C., Mike Collins, R-Ga., Doug LaMalfa, R-Calif., Mike Rogers, R-Ala., Lauren Boebert, R-Colo., Keith Self, R-Texas, Marjorie Taylor Green, R-Ga., Andy Ogles, R-Tenn., Carol Miller, R-WVa., Jim Banks, R-Ind., Erin Houchin, R-Ind., Ryan Zinke, R-Mont., Troy Nehls, R-Texas., Cliff Bentz, R-Ore., Clay Higgins, R-La., Ronny Jackson, R- Texas, Brian Babin, R-Texas, Mary Miller, R-Ill., Brandon Williams, R-N.Y., Pete Sessions, R-Texas, Chip Roy, R-Texas, Michael Cloud, R-La., Judge Carter, R-Texas, Lance Gooden, R-Texas, Elise Stefanik, R-N.Y., Randy Weber, R-Texas, Morgan Luttrell, R-Texas, Kat Cammack, R-Colo., Tony Gonzales, R-Texas, Jake Ellzey, R-Texas, Ralph Norma, R-S.C., Beth Van Duyne, R-N.Y., Dan Crenshaw, R-Texas, David Rouzer, R-N.C., Pat Fallon, R-Mass., Monica De La Cruz, R-Texas, Roger Williams, R-Texas, Michael McCaul, R-Texas, Nathaniel Moran, R-Texas, Kay Granger, R-Texas, and Andrew Clyde, R-Ga.
According to Clyde, Texas law is an example of the state exercising its right to defend itself.
“Under President Biden’s open border policies, every state is a border state. Yet under the Constitution, every state has the power to fend off the Biden Administration’s intentional illegal invasion,” Clyde told Fox News Digital. “I’m proud to join Chairman Arrington’s critical amicus brief in support of Texas’ right to exercise its Article I, Section 10 authorities, and I applaud Governor Abbott for holding the line against President Biden’s self-inflicted border crisis.”
The White House and Justice Department did not immediately respond to a Fox News Digital request for comment.
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Southwest
Travis County DA faces renewed ‘soft on crime’ criticism after career criminal charged with murder
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A Texas-based career criminal with a lengthy rap sheet is behind bars in Travis County after he was charged with murdering a father of five outside a 7-Eleven in Austin, reviving scrutiny of Travis County District Attorney José Garza and what critics call his controversial prosecutorial record and “soft on crime” approach.
Caleb Anthony Jenkins, described by police as a career criminal, was charged with murder in connection with a shooting last year that left a 25-year-old father dead outside a 7-Eleven. According to Austin police, Jenkins allegedly shot the victim and drove off.
But critics argue the killing may have been preventable. Garza’s office previously dismissed or declined to prosecute three separate gun charges against Jenkins in incidents dating back to 2022. He was also arrested in 2023 on a domestic violence charge and failed to appear in court, as Fox News reported. Most recently, he was re-arrested and released after his bond was raised.
Taken together, the developments have intensified public criticism of Garza, the Democratic district attorney backed by liberal mega-donor George Soros,
District Attorney Jose Garza in Austin, Texas. (Spencer Selvidge for The Washington Post via Getty Images)
Garza, who was elected Travis County DA without prior experience as a prosecutor, has faced criticism from police advocacy groups and victims’ families since taking office. They have accused him of deliberately slow-walking certain cases and embracing lenient sentencing policies.
The criticism has sparked national attention in years past. In 2023, the family of 25-year-old Doug Cantor, who was shot and killed in the 2021 Sixth Street mass shooting in downtown Austin, criticized Garza for slow-walking the trial of the gunman.
Family members told Fox News Digital in an interview at the time that they believed Garza had put the case on the “back burner.”
“It’s very clear that his focus and attention is not on this case,” Nick Kantor told Fox News Digital in an interview reflecting on the two-year anniversary of his brother’s death — and the way Garza, who has been widely criticized for soft-on-crime policies, has handled the case.
AUSTIN DA GARZA CREATES CONFUSION WITH ANNOUNCEMENT OF IMPENDING INDICTMENTS AGAINST MULTIPLE POLICE OFFICERS
Travis County District Attorney Jose Garza poses in front of the Austin skyline in a portrait from the county website. Garza has faced criticism for accusations that he aggressively prosecutes police officers accused of wrongdoing while going easy on career criminals. (Travis County DA Website)
“He’s doing things that are clearly causing distress on the trial and on the overall outcome of the case and for getting justice for my brother,” Kantor said.
Other victims’ families cited similar behavior from Garza’s office in interviews with Fox News Digital.
While overall reported crime in Travis County has declined, opponents argue dismissal rates have been “political,” and could further endanger public safety.
It “appears that Garza has now become more of an advocate for the criminal than he has for the victim,” Dennis Farris, president of the Austin Police Retired Officer’s Association, previously told Fox News Digital.
“The prosecution is acting more like defense attorneys than they are prosecutors,” Farris said in an interview roughly one year after Garza took office. “Whatever his skewed view of what criminal justice reform is, it isn’t working. It sure isn’t working for the victims.”
CRIME EXPERTS RESPOND TO SOROS DEFENDING SUPPORT FOR PROGRESSIVE DAS AMID CRIME WAVE: ‘DISASTROUS’
George Soros delivers a speech at the 2022 World Economic Forum in Davos. (Fabrice Coffrini/AFP via Getty Images)
“It used to be that they got the victims’ buy-in before offering plea bargains. Now it doesn’t appear he’s even doing that, because they’re not even communicating with them, and that’s what’s leading to the revictimization of these families.”
Current and former local law enforcement officers have criticized Garza’s actions and his alleged “war on cops,” after the Soros-backed district attorney campaigned on indicting police officers and “reimagining” policing in Austin.
Soros contributed $652,000 to the Texas Justice & Public Safety PAC in the months leading up to the 2020 Travis County DA election, according to campaign finance records.
That same PAC spent almost $1 million on digital and mail advertisements to help Garza’s campaign, as Fox News reported.
The Travis County District Attorney’s Office did not respond to Fox News Digital’s request for comment.
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Southwest
Jasmine Crockett campaign reportedly kicked Atlantic writer out of rally for being a ‘top-notch hater’
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Atlantic staff writer Elaine Godfrey reported that she was “thrown out” of a rally for Rep. Jasmine Crockett, D-Texas, for being a “top-notch hater” according to Crockett’s team.
“Right before armed guards escorted me from the rally and left me on the edge of a Texas-county road, I was informed that I was no longer welcome at an event that I had already attended,” Godfrey wrote on Thursday.
She described having spent an hour at the Lubbock rally for Crockett’s Senate campaign before being approached by a woman with a badge as soon as she joined other reporters.
Elaine Godfrey claimed Rep. Jasmine Crockett’s team removed her from a rally in Texas earlier this week. (Dustin Franz/Bloomberg via Getty Images)
“‘Are you Elaine?’ she asked. I recognized her from the entrance of the event, where I had identified myself as she’d waved me into the building’s press area. Yes, I answered. ‘Her team has asked you to leave,’ she said. When I asked why, the staffer looked at her phone and read dutifully: ‘They just said, “Elaine from Atlantic, White girl with a hat and notepad. She’s interviewing people in the crowd. She’s a top-notch hater and will spin. She needs to leave,”’” Godfrey wrote.
Godfrey was the staff writer behind a profile piece for Crockett in July that reportedly received backlash from the Texas representative after including comments from fellow House Democrats “without telling her first.”
“She was, she told me, ‘shutting down the profile and revoking all permissions,’” Godfrey wrote at the time.
BOEBERT JOKES ABOUT ENDORSING CROCKETT IN TEXAS’ SENATE RACE TO GIVE HER DEMOCRATIC RIVAL A BOOST
Rep. Jasmine Crockett, D-Texas, is running in the Democratic primary for U.S. Senate. (LM Otero/AP Photo)
The piece was still published and included comments from other Democratic figures.
According to Godfrey, Crockett said that there was “no evidence” that a reporter was removed from her rally but claimed that there was a “specific journalist” who has a “history of being less than truthful” and had previously lost a lawsuit against Crockett.
“Perhaps she was thinking of someone else, because that’s not something that has ever happened to me,” Godfrey wrote.
CROCKETT DISPUTES OPPONENT’S DENIAL OF ‘MEDIOCRE BLACK MAN’ COMMENT, CALLS OUT ‘WELL-INTENTIONED WHITE FOLK’
Godfrey added that her removal from the rally wasn’t a surprise considering Crockett’s firebrand-style of politics, though she expressed concern over how she was handled.
Rep. Jasmine Crockett allegedly tried to shut down an article from Elaine Godfrey after she spoke to other House Democrats. (Bob Daemmrich/The Texas Tribune/Bloomberg via Getty Images)
“As security guards began to materialize around me, I wondered to myself what distinguished a top-notch hater from a middling one. I agreed to leave, and four guards, including at least one who was armed, escorted me out of the building, through the parking lot, and right to the edge of the nearby highway, where they waited as I ordered a car,” Godfrey wrote.
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Fox News Digital reached out to Crockett’s office and campaign for comment.
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Southwest
FAA restricts Texas airspace after Pentagon reportedly strikes down Customs and Border Protection drone
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The Federal Aviation Administration (FAA) restricted flights Thursday near Fort Hancock, Texas, after a U.S. Customs and Border Protection (CBP) drone was reportedly shot down by a laser sytem operated by the Pentagon.
While government agencies have not identified who the drone belonged to, top Democrats on the Transportation and Infrastructure Committee released a joint statement Thursday evening claiming the drone belonged to CBP.
U.S. Reps. Rick Larsen, Bennie Thompson and Andre Carson said their “heads are exploding over the news” that a CBP drone was shot down by the Pentagon with “a high risk counter-unmanned aircraft system.”
The legislators added that this incident is “the result of [the White House’s] incompetence” after a “short-sighted” decision to “sidestep a bipartisan, tri-committee bill to appropriately train C-UAS operators and address the lack of coordination between the Pentagon, DHS and the FAA.”
The FAA expanded a temporary flight restriction near Fort Hancock, Texas, after lawmakers said a Pentagon-operated counter-drone system may have shot down a U.S. government drone. (iStock)
In a joint statement provided to Fox News Digital, the Department of War, CBP and the FAA said the DOW used counter-unmanned aircraft system to respond to a “seemingly threatening unmanned aerial system operating within military airspace.”
The departments said the engagement took place “far away from populated areas and there were no commercial aircraft in the vicinity,” adding they “will continue to work on increased cooperation and communication to prevent such incidents in the future.”
The departments said they are “working together in an unprecedented fashion to mitigate drone threats by Mexican cartels and foreign terrorist organizations at the U.S.-Mexico border.”
“The bottom line is the Trump Administration is doing more to secure the border and crack down on cartels than any administration in history,” the statement added.
FBI RAMPS UP COUNTER-DRONE EFFORTS AS PATEL WARNS OF GROWING THREATS FROM CRIMINALS, TERRORISTS
Congressional aides told Reuters that the Pentagon reportedly used the high-energy laser system to accidentally shoot down the CBP drone near the Mexican border, an area that frequently sees incursions from drones believed to be operated by Mexican drug cartels.
The FAA told Fox News Digital that a temporary flight restriction (TFR) was “already in place” around the Fort Hancock area and that the TFR “has been expanded to include a greater radius to ensure safety.”
The restriction does not impact commercial flights, the agency said.
The FAA said in a Notice to Air Missions (NOTAM) that airspace around Fort Hancock was temporarily restricted for “special security reasons.”
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The restriction comes a couple of weeks after the FAA grounded flights to and from El Paso International Airport for 10 days before lifting the order roughly eight hours later.
Drones operated by Mexican drug cartels breached American airspace earlier this month near El Paso International Airport in Texas, leading the FAA to temporarily close the airport. (Kirby Lee/Getty Images)
A Trump administration official previously told Fox News that the initial lockdown came in response to “Mexican cartel drones” that breached U.S. airspace.
A U.S. official later confirmed that the U.S. military had shot down what was later determined to be a party balloon near El Paso.
Fox News Digital reached out to the White House for comment and was directed to the joint statement provided by the Department of War, Customs and Border Patrol and Federal Aviation Administration.
Fox News Digital’s Anders Hagstrom and Reuters contributed to this report.
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