Two Texas counties sue Biden administration over harm resulting from border policies

Kinney and Atascosa counties in Texas, along with Kinney County Sheriff Brad Coe and rancher Dr. Michael Vickers, have filed a federal lawsuit against the Biden administration. alleging that its refusal to enforce federal immigration laws has caused significant harm to their rural communities.

The plaintiffs argue that the Biden administration's actions violate the U.S. Constitution's 'Take Care Clause', which mandates that the president ensures laws are faithfully executed by undermining established border security programs:

"Immediately upon being sworn into office, the current Administration has pursued immigration policies that are not only at odds with Congress's statutory scheme and directives but are objectively calculated to dismantle proven border security programs or craft novel administrative processing 'pathways' to permit inadmissible aliens to enter and remain inside the country."

The lawsuit also claims that the policies put forward by Biden create new pathways for inadmissible aliens to enter the U.S., citing the administration's use of prosecutorial discretion to rewrite immigration law and parole more illegal aliens than lawful ones into the country. It also alleges that the administration allows illegal aliens with criminal backgrounds to remain in the U.S., contrary to existing deportation laws.

"Collectively, Defendants' actions signaled to potential border crossers—and to the human trafficking and drug cartels that coordinate illegal border crossing—that the Administration is unwilling to secure our border," the lawsuit states, adding, "Defendants have completely abdicated their statutory responsibilities, allowed or encouraged the southern border to be overrun, and are violating their duty to take care that the laws be faithfully executed."

As for the specific harm cited by the plaintiffs, Vickers claims that illegal aliens have caused $50,000 in damages to his ranch since 2021, including environmental harm from trash left behind. Vickers also reports increased encounters with gang members on his property, including MS-13 and the Mexican Mafia. Additionally, over 270 dead bodies have been found near his home since 2021.

The lawsuit also goes into detail about the impact of border policies on local government resources. Before the Biden administration's policies, Kinney County managed 134 criminal cases in 2020. This number surged to 2,708 cases in 2021, 6,800 in 2022, and 5,826 in 2023, straining the county's financial resources.

The plaintiffs seek to have the court block the administration's policies that they claim violate federal law and the Take Care Clause.