Critics maintain if the President does go ahead with an executive action (of any type) it will be challenged in court by Democrats, but Republicans can short-circuit that.

Texas (as a border state affected) can file the suit coordinated with Republicans, in order to ensure any appeal would go through a friendly Fifth Circuit in Louisiana.

That way, they’d stymie Democrats court-shopping friendlies, like the 9th Circuit.

Hopefully, these ideas are already well on their way in this regard.