U.S. Department of Justice says it’ll sue if Texas enforces new law punishing illegal border crossing

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The U.S. Department of Justice has threatened to sue to stop a new Texas law that allows state police to arrest people suspected of illegally crossing the border — unless Gov. Greg Abbott backs off of enforcing the law.

The new law, known as Senate Bill 4, is “unconstitutional and will disrupt the federal government’s operations” vis-à-vis immigration and border enforcement, an agency official told Gov. Greg Abbott in a letter first reported Thursday by the Houston Chronicle and later posted on social media by a CBS News reporter.

If Texas does not formally refrain from enforcing the law by Jan. 3, the agency will “pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government.”

A person with knowledge of the letter confirmed that it had been sent.

An Abbott spokesperson said Thursday that Texas is prepared to fight all the way to the U.S. Supreme Court in defense of the law, adding that the governor signed the law "to help stop the tidal wave of illegal entry into Texas." On X, formerly known as Twitter, Abbott said the Biden administration "not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration."
https://www.texastribune.org/2023/12/28 ... ation-law/

Abbott will just have to sic his toothless pet Chihuahua, Ken Paxton, on the DOJ.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

Re: U.S. Department of Justice says it’ll sue if Texas enforces new law punishing illegal border crossing

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The 5th U.S. Circuit Court of Appeals late Saturday reversed a lower court’s ruling that halted a new state law allowing Texas police to arrest people suspected of crossing the Texas-Mexico border illegally. The New Orleans-based appeals court immediately paused its order for seven days to give the federal government time to appeal to the U.S. Supreme Court. If the higher court doesn’t intervene, the new law could go into effect on Saturday as the legal battle continues. The appeals court also said that it will schedule oral arguments on its next available date. As of Monday, that date hasn’t been announced.

The 5th Circuit ruling came a day after U.S. District Judge David Ezra in Austin blocked Senate Bill 4 from going into effect, saying the law “threatens the fundamental notion that the United States must regulate immigration with one voice.” Gov. Greg Abbott signed SB 4 in December, marking Texas’ latest attempt to try to deter people from crossing the Rio Grande after several years of historic numbers of migrants arriving at the Texas-Mexico border. SB 4 seeks to make illegally crossing the border a Class B misdemeanor, carrying a punishment of up to six months in jail. Repeat offenders could face a second-degree felony with a punishment of two to 20 years in prison.

The law also requires state judges to order migrants returned to Mexico if they are convicted; local law enforcement would be responsible for transporting migrants to the border. A judge could drop the charges if a migrant agrees to return to Mexico voluntarily.
https://www.texastribune.org/2024/03/04 ... rt-ruling/
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: U.S. Department of Justice says it’ll sue if Texas enforces new law punishing illegal border crossing

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Alito who oversees the 5th Circuit, placed a stay on Texas enforcement of SB 4 that would allow state law enforcement to detain migrants.
Supreme Court Justice Samuel Alito on Monday extended an order barring Texas officials from detaining and jailing migrants suspected of crossing the U.S. southern border without authorization under a new state immigration law known as SB4 that the Biden administration has called unconstitutional. Minutes after a self-imposed deadline passed, Alito issued an order continuing to pause enforcement of the controversial Texas law, one of Gov. Greg Abbott's signature immigration policies, on an administrative basis.

The U.S. Court of Appeals for the 5th Circuit is considering the measure's legality, and the Justice Department asked the Supreme Court to put the law on hold as the court challenge plays out. The full court has not yet acted on that request. Passed by the Texas legislature last year, SB4 criminalizes unauthorized migration at the state level, making the act of entering the U.S. outside of a port of entry — already a federal offense — into a state crime. It also creates a felony charge for illegal reentry at the state level.
At the request of the Biden administration, a federal judge last month blocked SB4, finding that the state measure is at odds with federal immigration laws. That ruling was then suspended by the 5th Circuit until Alito paused the appeals court's order on administrative grounds. Alito's administrative stay maintains the status quo while the court considers the Justice Department's request for emergency relief.
https://www.cbsnews.com/news/supreme-co ... n-law-sb4/
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: U.S. Department of Justice says it’ll sue if Texas enforces new law punishing illegal border crossing

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The Supreme Court on Tuesday cleared the way for Texas to immediately begin enforcing a controversial immigration law that allows state officials to arrest and detain people they suspect of entering the country illegally. The court’s three liberals dissented. Legal challenges to the law are ongoing at a federal appeals court, but the decision hands a significant – yet temporary – win to Texas, which has been battling the Biden administration over immigration policy. The court had been blocking the law from taking effect, issuing an indefinite pause on the proceedings a day earlier, which was wiped away by Tuesday’s order. Senate Bill 4, signed into law by Republican Gov. Greg Abbott in December, makes entering Texas illegally a state crime and allows state judges to order immigrants to be deported. Immigration enforcement, generally, is a function of the federal government.

The law immediately raised concerns among immigration advocates of increased racial profiling as well as detentions and attempted deportations by state authorities in Texas, where Latinos represent 40% of the population. A federal judge in Austin had blocked the state government from implementing the law. But the 5th US Circuit Court of Appeals granted a temporary stay of the lower court’s decision and said the law would take effect on March 10 if the Supreme Court didn’t act. A pair of emergency appeals from the Biden administration and others soon followed. Abbott on Tuesday called the court’s order a “positive development” but acknowledged the case will continue in the appeals court. As is often the case in emergency applications, the Supreme Court did not explain its reasoning. However, a concurring opinion written by Justice Amy Coney Barrett, joined by Justice Brett Kavanaugh, explained that the appeals court had handed down only a temporary “administrative” order. Barrett appeared eager to keep the Supreme Court out of reviewing such orders.

“So far as I know, this court has never reviewed the deci­sion of a court of appeals to enter – or not enter – an administrative stay,” Barrett wrote. “I would not get into the business. When en­tered, an administrative stay is supposed to be a short-lived prelude to the main event: a ruling on the motion for a stay pending appeal.” Barrett said she thought it was “unwise to invite emergency liti­gation in this court about whether a court of appeals abused its discretion at this preliminary step.” Justice Sonia Sotomayor, whose dissent was joined by fellow liberal Justice Ketanji Brown Jackson, said the order “invites further chaos and crisis in immigration enforcement.” The law, Sotomayor wrote in her dissent, “upends the federal-state balance of power that has existed for over a century, in which the National Government has had exclusive authority over entry and removal of noncitizens.” “Texas can now immediately enforce its own law imposing criminal liability on thousands of noncitizens and requiring their removal to Mexico,” Sotomayor wrote. “This law will disrupt sensitive foreign relations, frustrate the protection of indi­viduals fleeing persecution, hamper active federal enforce­ment efforts, undermine federal agencies’ ability to detect and monitor imminent security threats, and deter noncitizens from reporting abuse or trafficking.”

Justice Elena Kagan noted in her brief dissent that her view of the issues in the case “are, as always in this posture, preliminary.” “But the subject of immigration generally, and the entry and removal of noncitizens particularly, are matters long thought the special province of the Federal Government,” the liberal justice continued. The New Orleans-based appeals court is set to hear arguments in the case on April 3.
https://www.cnn.com/2024/03/19/politics ... index.html

United States vs Texas
https://www.supremecourt.gov/opinions/2 ... 4_febh.pdf
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: U.S. Department of Justice says it’ll sue if Texas enforces new law punishing illegal border crossing

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The Supreme Court yesterday lifted the stay on Texas state law SB 4 allowing Texas law enforcement and judges to arrest and expel illegal/undocumented migrants. Alito had it on hold until SCOTUS made their decision which came down 6-3.
Just hours after the Supreme Court allowed a Texas law to take effect that gave state law enforcement the authority to arrest people they suspect of entering the country illegally, a federal appeals court issued an order that puts it on hold.

The 5th U.S. Circuit Court of Appeals order came late Tuesday evening. The appeals panel issued a stay ahead of oral arguments before the court Wednesday. Earlier in the day, the conservative majority on the Supreme Court rejected an emergency application from the Biden administration, which argued the law is a violation of federal authority.
https://thehill.com/regulation/court-ba ... ation-law/

So SB 4 is back on hold until the 5th Circuit panel issues their decision.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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