Don Huffines, a Republican gubernatorial candidate campaigning for the Texas Senate and a supporter of border security, has promised to secure the border where Abbott failed.
Huffines states that if elected, he would complete the border wall, send the Texas National Guard to assist in border security and eliminate any government incentives to individuals who illegally enter the country.
"Greg Abbott’s plan to secure the border was never built to work, and we see that now with this judge’s decision to throw out the trespassing case against an illegal alien," Huffines said. "As governor, I will not try to arrest illegals and pay for their room and board in Texas jails."
According to the Texas Tribune, a 36-year-old Ecuadorian man who illegally crossed the border into the U.S. was arrested on trespassing charges as part of Abbott's "arrest and jail" program, Operation Lone Star.
A state district judge concluded that the man's arrest violated the U.S. Constitution by circumventing federal immigration regulations, which may have triggered a surge of legal challenges to Gov. Greg Abbott's border security program.
“Everybody who has a pending misdemeanor trespassing arrest under OLS will have the exact same challenge,” Kristin Etter, an attorney with the Texas RioGrande Legal Aid who represents hundreds of migrants, told the Texas Tribune. “This sets a clear precedent in all of those cases both pending and future.”
As governor, Huffines promises to halt illegal immigration by invoking Article I, Section 10 of the U.S. Constitution, which stipulates that states may not wage war unless they are attacked or in immediate danger, according to the Annenberg Classroom.
"Illegal invaders apprehended at the border will immediately be deported from Texas," Huffines said.
During the fiscal year of 2021, U.S. Border Patrol officers intercepted over 1,700,000 immigrants trying to enter the nation illegally, according to data provided by U.S. Customs and Border Protection.