so they can cover it - https://www.nbcnews.com/politics/immigration/biden-administration-lawsuit-texas-abbott-border-patrol-rcna137565
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The federal response
So why hasnt the Biden administration stepped in to assert its authority to enforce immigration law along an international border?
The three Biden administration officials told NBC News they do not want a confrontation between Border Patrol and Texas National Guard, but they still consider legal action a tool they might deploy. Shortly after Texas started blocking the Border Patrol from accessing Shelby Park, a mother and two children drowned while crossing the Rio Grande. The officials say they might have been saved if Border Patrol had been able to operate its equipment to surveil the river and respond to migrants in distress.
For now, however, optics mean the administration is holding fire, said a former Department of Homeland Security official. The official said that between the fight to pass a border bill, defend Homeland Security Secretary Alejandro Mayorkas in an impeachment fight, and other lawsuits challenging Texas, taking on the Republican-led state would ignite another fire at a time when the administration wants to appear tougher on border security.
Tom Warrick, director of the Future of DHS project at the Atlantic Council, put it another way. I think that the federal government is watching this closely to see what Texas does to expand its authority, but at this point its a tactical decision, Warrick said. If Texas expands its authority, that would probably provoke a (legal) response. They want to wait until they have a rock-solid case.
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