Two Texas counties sue Biden administration over damages from border policies

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

The plaintiffs argue that the Biden administration’s actions violate the Take Care Clause of the U.S. Constitutionwhich states that the President must ensure that the laws are faithfully executed by undermining existing border security programs:

“Immediately after taking office, the current Administration has pursued immigration policies that not only run counter to the law and direction of Congress, but are also objectively designed to dismantle proven border security programs or create new administrative processing methods to allow inadmissible aliens to enter and remain in the country.”

The lawsuit also alleges that the policies Biden has put forward create new avenues for inadmissible aliens to enter the U.S.referring to the use of government discretion to rewrite immigration laws and release more illegal aliens into the country than legal aliens. It also alleges that the government is allowing illegal aliens with criminal backgrounds to remain in the U.S., in violation of existing deportation laws.

“Together, the defendants have actions sent a message to potential border crossers – and the human trafficking and drug cartels that coordinate illegal border crossings – that the government is unwilling to secure our borders,“The indictment states: ‘The defendants have utterly neglected their legal responsibilities, permitted or encouraged the crossing of the southern border, and violated their duty to ensure that the laws are faithfully executed.’

As to the specific damages alleged by the claimants, Vickers claims illegal immigrants caused $50,000 in damage to his ranch since 2021, including environmental damage from trash left behind. Vickers also reports increased encounters with gang members on his property, including MS-13 and the Mexican Mafia. In addition, more than 270 bodies have been found near his home since 2021.

The lawsuit also addresses the impact of border policies on local government resources. Before the Biden administration’s policies, Kinney County handled 134 criminal cases in 2020. That number jumped to 2,708 cases in 2021, 6,800 in 2022 and 5,826 in 2023, straining the county’s financial resources.

The plaintiffs want the court to block the administration’s policy, which they say violates federal law and the Take Care Clause.