Texas law letting police arrest illegal border crossers blocked by federal judge

[mystery-ak]

Texas law letting police arrest illegal border crossers blocked by federal judge
A federal judge said Texas may not exercise immigration authority without permission from the federal government
By Chris Pandolfo Fox News
Published February 29, 2024 12:02pm EST | Updated February 29, 2024 12:37pm EST

A federal judge has blocked Texas from enforcing a new law that would make illegal immigration a state crime.

U.S. District Judge David A. Ezra  of the Western District of Texas on Thursday granted a preliminary injunction that will block Texas' Senate Bill 4 from taking effect next week. The law would allow state authorities to arrest and jail illegal immigrants, and would give state judges the power to order deportations.

In his ruling, the judge wrote that states "may not exercise immigration enforcement power except as authorized by the federal government."

Texas can appeal the decision.

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https://www.foxnews.com/politics/texas-law-letting-police-arrest-illegal-border-crossers-blocked-federal-judge

[libertybele]

This is absolute insanity!!!!

What about the obligation to protect American citizens???????

[Free Vulcan]

In his ruling, the judge wrote that states "may not exercise immigration enforcement power except as authorized by the federal government."

And that is the crux of the argument, but what it does not address is if the FedGov vacates that enforcement power Does then that State just have to sit there and be overrun? Does it not have a border too?

[libertybele]

And that is the crux of the argument, but what it does not address is if the FedGov vacates that enforcement power Does then that State just have to sit there and be overrun? Does it not have a border too?

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Amendment Ten to the Constitution was ratified on December 15, 1791. It makes clear that any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.

I'd say that the Supremacy Clause supersedes Amendment Ten???

So, is the only way around this secession??

[Free Vulcan]

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Amendment Ten to the Constitution was ratified on December 15, 1791. It makes clear that any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.

I'd say that the Supremacy Clause supersedes Amendment Ten???

So, is the only way around this secession??

From what I can read and understand from the Constitution is that the FedGov is obligated to control and protect the borders. If they vacate that duty, it seems more like they have already seceded from us.

[Bigun]

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Amendment Ten to the Constitution was ratified on December 15, 1791. It makes clear that any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.

I'd say that the Supremacy Clause supersedes Amendment Ten???

So, is the only way around this secession??

The very word amendment should tell you that whatever is addressed in the amendment supersedes the language in the document being amended. @libertybele

[libertybele]

The very word amendment should tell you that whatever is addressed in the amendment supersedes the language in the document being amended. @libertybele

Thank you @Bigun

[Bigun]

Thank you @Bigun

[Bigun]

 

Article IV, Section 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;...

When the federal government refuses to do what they are thus required to do under the constitution the states are free to do what they must in order to defend themselves.

The "judge" who issued this ruling either never had (common these days) or failed constitutional law.

[Hoodat]

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions..

There is no federal law that prohibits States from enforcing immigration laws.  Thus, the supremacy clause does not apply here.  In other words, no federal law exists that contradicts Texas law.  The judge is dead wrong.

[Free Vulcan]

When the federal government refuses to do what they are thus required to do under the constitution the states are free to do what they must in order to defend themselves.

The "judge" who issued this ruling either never had (common these days) or failed constitutional law.

And I love how he tried to sidestep with the 'must ask permission'. That's not how contracts and compacts work. If you don't fulfill your duties, the contract is null and void. I don't have to ask permission to do the job you refuse to do.

[Bigun]

There is no federal law that prohibits States from enforcing immigration laws.  Thus, the supremacy clause does not apply here.  In other words, no federal law exists that contradicts Texas law.  The judge is dead wrong.

And I'm darned sure that original intent was for federal law to be enforced at all levels, not just by the federal government alone.

[Bigun]

And I love how he tried to sidestep with the 'must ask permission'. That's not how contracts and compacts work. If you don't fulfill your duties, the contract is null and void. I don't have to ask permission to do the job you refuse to do.

Absolutely right! Sophistry is one thing law students today are well trained in.

[DefiantMassRINO]

Felony Loitering?
Felony Vagrancy?
Felony Jay Walking?
Felony Littering?

... a one-way bus ticket up North.  If Texas can't arrest and deport them, put them on a bus to become some other states' problem.  Texas needs to do what's right for Texans.  Texas can't deport migrants to Mexico, but, for the price of a one-way bus ticket, Texas can deport them to Massachusetts and New York.

Keep sending those migrant buses up North.  We're running out of money and room, but, that's our own damn fault for supporting Open Borders, Sanctuary Cities, and Right To Shelter Laws.

[catfish1957]

Keep sending those migrant buses up North.  We're running out of money and room, but, that's our own damn fault for supporting Open Borders, Sanctuary Cities, and Right To Shelter Laws.  (and keep electing left wing politicans)

Till then, you'll get no sympathy from us in Red States.

[Free Vulcan]

... a one-way bus ticket up North.  If Texas can't arrest and deport them, put them on a bus to become some other states' problem.  Texas needs to do what's right for Texans.  Texas can't deport migrants to Mexico, but, for the price of a one-way bus ticket, Texas can deport them to Massachusetts and New York.

Keep sending those migrant buses up North.  We're running out of money and room, but, that's our own damn fault for supporting Open Borders, Sanctuary Cities, and Right To Shelter Laws.

Works for me. Texas may not be allowed to defend it's border per the Courts, but they can defend the rest of Texas. Head 'em up and move 'em out.

[catfish1957]

At Trump borer visit, Abbott right now is giving a bad ass speech rebuking Pedo Joe's border policy.

Proud of our governor!!!!

[berdie]

At Trump borer visit, Abbott right now is giving a bad ass speech rebuking Pedo Joe's border policy.

Proud of our governor!!!!

Was listening...and yes it was a bad ass speech. I'm proud as well!

[Bigun]

At Trump borer visit, Abbott right now is giving a bad ass speech rebuking Pedo Joe's border policy.

Proud of our governor!!!!

It was a fine speech for sure and if you were really paying attention, you heard the Governor ALWAYS say "President Trump" but never once saying anything but just plain "Biden".