Greg Abbott's Attack on Biden Admin Has One Glaring Problem

Texas Governor Greg Abbott's recent attack on President Joe Biden's handling of immigration has a glaring problem.

Abbott, a Republican, last Wednesday threatened the Biden administration with contempt of court over a video appearing to show border patrol agents cut razor wire along the United States-Mexico border.

He wrote in a post to X (formerly Twitter) that if the video were taken recently, it would indicate these agents violated a December order from the 5th Circuit Court of Appeals. That order barred the federal government from cutting the wire, which Abbott has erected along the border as his administration seeks to push back against an uptick in migration.

"Importantly, if this video was taken today, it means that the Biden Admin. is in direct violation of a current court order by the 5th circuit court of appeals prohibiting the border patrol from cutting the razor wire erected by Texas. If true, we will seek contempt of court," Abbott posted.

A spokesperson for U.S Customs and Border Protection (CBP) told Newsweek the video was not new. The video first circulated on social media as early as September 2023, the spokesperson said.

"U.S. borders are not open to irregular migration, and anyone who crosses without authorization is subject to detention and consequences under the law," the spokesperson said.

Newsweek reached out to Abbott's office for comment via email.

Abbott has been a vocal critic of the Biden administration's handling of immigration, which has faced more scrutiny from both Republicans and Democrats amid an uptick in migrants arriving at the U.S.-Mexico border. There were more than 2.4 million encounters at the U.S.-Mexico border during the 2023 fiscal year, up from roughly 1.7 million in 2021, according to CBP data.

Critics argue Biden's approach to immigration has incentivized migrants to claim asylum in the United States, while many experts note that other factors, such as financial and political instability in some Central American countries, are to blame for the rise in migration.

Legal experts told Newsweek that even if the video were new, Abbott's case would still face some hurdles.

Former federal prosecutor Neama Rahmani told Newsweek there are two reasons it is "unlikely" that border patrol agents would be held in contempt for cutting the wire.

"First, contempt usually requires notice and an opportunity to be heard. Those evidentiary hearings happen in District Court, not the Court of Appeals. Second, the 5th Circuit decision allowed agents to cut the barbed wire fence if there is a medical emergency, and the federal government has argued that it needs to provide migrants medical assistance," he said.

Former federal prosecutor Shanlon Wu told Newsweek Abbott's post is "mostly posturing to throw around legal terms," saying he would have "pretty toothless cause of action when it's against the government in these circumstances."