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January 1, Federal Judge Blocks Texas Migrant Arrest Law, Sparks Controversy
In a move that has sparked controversy, a federal judge has recently blocked a Texas law that would have granted police the authority to arrest migrants suspected of illegal entry into the United States. This decision is seen as a victory for the Biden administration in its ongoing dispute with Republican Governor Greg Abbott over immigration enforcement.
The preliminary injunction, issued by U.S. District Judge David Ezra, effectively halts a law that was due to come into effect on March 5. This development coincides with President Joe Biden and his likely Republican challenger in November, Donald Trump, visiting Texas’ southern border to discuss immigration. It is expected that Texas officials will appeal this decision.
“Allowing Texas to ‘permanently supersede federal directives’ due to a so-called invasion would ‘amount to nullification of federal law and authority — a notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War,’ the judge wrote.”
Critics of the Texas measure have labeled it the most dramatic attempt by a state to police immigration since a 2010 Arizona law, which was partially struck down by the U.S. Supreme Court. This law was widely criticized as a “Show Me Your Papers” bill. Some Texas Republican leaders, who often refer to the migrant influx as an “invasion,” are calling for this ruling to be reconsidered.
Judge Ezra’s ruling was influenced by the Constitution’s supremacy clause and U.S. Supreme Court decisions. He argued that the Texas law would conflict with federal immigration law, as well as the nation’s foreign relations and treaty obligations.
“Ezra cited the Supreme Court’s decision on the Arizona law, Ezra wrote that the Texas law was preempted, and he struck down state officials’ claims that large numbers of illegal border crossings constituted an ‘invasion.'”
This lawsuit is one of several legal battles between Texas and the Biden administration over the extent to which the state can prevent migrants from crossing the border.
The contested measure would have allowed state law enforcement officers to arrest individuals suspected of illegal entry into the country. Once in custody, these individuals could either agree to a Texas judge’s order to leave the country or face a misdemeanor charge for illegal entry. Migrants who refuse to leave after being ordered to do so could face further arrest and a more serious felony charge.
During a Feb. 15 hearing, Judge Ezra expressed skepticism as the state argued its case for Senate Bill 4. However, he also expressed some sympathy for the concerns raised by Governor Abbott and other state officials about the high number of illegal crossings.
“Ezra, who was appointed by former President Ronald Reagan, said he feared the United States could become a confederation of states enforcing their own immigration laws. ‘That is the same thing the Civil War said you can’t do,’ Ezra told the attorneys.”
Civil rights groups, who have also filed lawsuits against the state, argue that the law could lead to civil rights violations and racial profiling. However, Republicans who support the law argue that it would not target immigrants already living in the U.S. due to the two-year statute of limitations on the illegal entry charge. They assert that it would only be enforced along the state’s border with Mexico.
The tension between Texas and the Biden administration remains high over issues of border patrol and immigration enforcement. Other GOP governors have expressed support for Abbott, who has argued that the federal government is not doing enough to enforce immigration laws.
In response to the perceived lack of federal action, Texas has taken measures such as placing a floating barrier in the Rio Grande, installing razor wire along the U.S.-Mexico border, and preventing Border Patrol agents from accessing a riverfront park in Eagle Pass that was previously used to process migrants.
Why It Matters (op-ed)
The recent blocking of Texas’ law to give police the power to arrest illegal migrants is yet another example of the Biden administration’s soft approach to immigration enforcement. This decision undermines the efforts of Texas officials, like Governor Greg Abbott, who are striving to protect their state from the ongoing “invasion” of illegal migrants.
Blocking this law effectively allows the federal government to assert control over states’ rights, eroding the very fabric of our nation’s Constitution. If we continue down this path, we risk turning America into a weak confederation of states, unable to enforce their own immigration laws. The fight against illegal migration is crucial, and Texas’ bold actions must be supported, not hindered by federal overreach.
As our loyal readers, we encourage you to share your thoughts and opinions on this issue. Let your voice be heard and join the discussion below.
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EMMA
March 3, 2024 at 7:08 pm
WHAT IS WRONG WITH THESE JUDGES?? THEY ARE RIGHT OUT OF A HANDBOOK FROM HITLER. NOT FOR AMERICAN CITIZENS. SHAME ON THESE PAYED AND BOUGHT FOR JUDGES BY THE DEMOCRATS. NO BACKBONE NO MORALS,
Jennifer sword
March 3, 2024 at 7:26 pm
The federal government appears to be MIA in it’s duty to protect citizens, it appears to be attacking its citizens. A special counsel just made a report that Biden would not be accountable for his past illegal deeds. How is this man allowed to pass anything? Citizens like myself see this as a invasion or a coup against us. The benefits given to the invaders reduces our ability to maintain a normal life. Citizens will protect themselves and their families. Civil war is coming. And it should be stopped now .
Ms Commonsese
March 3, 2024 at 7:30 pm
To quote Pierre Polievre “I call BS!”
Mel Friedman
March 3, 2024 at 7:53 pm
Another idiot judge! David Alan Ezra, you should just resign. You are unfit to be a judge.
Jim
March 3, 2024 at 8:10 pm
The judge should be removed and arrested for participating in the illegal alien invasion. I believe there is a term for that. It starts with a “T”.
Jeffrey Cook
March 3, 2024 at 8:17 pm
The Texas law does not “supersede federal law” or “’amount to nullification of federal
law”as the federal judge opined. It only allows Texas to ENFORCE federal law that the federal government is refusing to enforce, and is in fact violating by failure to do so.
thomas carl pesek
March 3, 2024 at 8:33 pm
Taxes has the right.
It’s not the actual border nor is it interstate commerce so the fed has no jurisdiction.
disregard the court.
Mary S Matthews
March 3, 2024 at 9:58 pm
Governor Abbott should have the right to protect our borders. President Biden has not done anything to secure our borders. Yes, I consider the illegals crossing into our country as an invasion of our country (state).
Sendmback
March 3, 2024 at 10:26 pm
Put the illegals in a bus and drop them off at Bidens front door just like FL (R) Desantis did last year.
Joe Wong
March 3, 2024 at 11:22 pm
US President Joebama Buyden has done more to DESTROY this nation in the past 3 years than Adolph Hitler did to Germany from 1933-1945.
Michael Patrick
March 3, 2024 at 11:31 pm
When the United States Government refuses to follow current Federal law regarding the protection of our borders…, the border states should have the right to protect their own border! I’ve lived in Texas all my 78 years and I consider Governor Abbott a hero of Texas for what he has been trying to do to protect the Texas border!
J
March 3, 2024 at 11:53 pm
I agree with all three of you. biden is a worthless president who does nothing to protect this country.
Master Glock
March 4, 2024 at 8:01 am
Governor Abbott needs to find out where that Federal Judge lives, and drop off a few buses loads of illegal immigrants. I mean really why shouldn’t the Judge’s neighbor be invited to the party right?
Mario E. Porrata Colon
March 4, 2024 at 8:33 am
All I know is that once the border is violated by illegals, they move to reside in the territories of the States. And this Judge is telling me that States have no saying on this important problem? I’ll have to review every angle to this issue because it is the People of the States who are the only natural born sovereigns!
Dave
March 4, 2024 at 9:59 am
How Biden became president is beyond me. The government is supposed to work for the people. Biden is destroying our country and no new president can save us.
Hopefully Donald Trump can deport a lot of the illegals. Maybe we should stop giving them Free money, food, And housing. These politicians have to grow a set of balls like the Texas Governor.