But the U.S. Constitution clearly states that border security is a federal responsibility, something that could be used to derail Abbott's efforts in court, said Carlos Evaristo Flores, a Laredo attorney who has represented Texas landowners near the border in lawsuits against the federal government.
Also, federal rules allow the federal government to bypass environmental laws, such as the National Environmental Policy Act and the Endangered Species Act, to launch construction along environmentally sensitive stretches of the border, Flores said. But state officials are not entitled to those exceptions, he said.
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