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(The Guardian) Judge stops Texas from arresting people suspected of illegally entering from Mexico
A federal judge has blocked a law enacted by Texas’s Republican-dominated government that would have allowed state police to arrest people who are suspected of entering from Mexico without authorization, the Associated Press reports.
Here’s more: The preliminary injunction granted by U.S. District Judge David Ezra pauses a law that was set to take effect March 5 and came as President Joe Biden and his likely Republican challenger in November, Donald Trump, were visiting Texas’ southern border to discuss immigration. Texas officials are expected to appeal.
Opponents have called the Texas measure the most dramatic attempt by a state to police immigration since a 2010 Arizona law that opponents rebuked as a “Show Me Your Papers” bill. The U.S. Supreme Court partially struck down the Arizona law, but some Texas Republican leaders, who often refer to the migrant influx as an “invasion,” want that ruling to get a second look.
Ezra cited the Constitution’s supremacy clause and U.S. Supreme Court decisions as factors that contributed to his ruling. He said the Texas law would conflict with federal immigration law, and the nation’s foreign relations and treaty obligations.
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.
Citing 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.”
The lawsuit is among several legal battles between Texas and Biden’s administration over how far the state can go to try to prevent migrants from crossing the border.
The measure would allow state law enforcement officers to arrest people suspected of entering the country illegally. Once in custody, they could agree to a Texas judge’s order to leave the country or face a misdemeanor charge for entering the U.S. illegally. Migrants who don’t leave after being ordered to do so could be arrested again and charged with a more serious felony.
A federal judge has blocked a law enacted by Texas’s Republican-dominated government that would have allowed state police to arrest people who are suspected of entering from Mexico without authorization, the Associated Press reports.
Here’s more: The preliminary injunction granted by U.S. District Judge David Ezra pauses a law that was set to take effect March 5 and came as President Joe Biden and his likely Republican challenger in November, Donald Trump, were visiting Texas’ southern border to discuss immigration. Texas officials are expected to appeal.
Opponents have called the Texas measure the most dramatic attempt by a state to police immigration since a 2010 Arizona law that opponents rebuked as a “Show Me Your Papers” bill. The U.S. Supreme Court partially struck down the Arizona law, but some Texas Republican leaders, who often refer to the migrant influx as an “invasion,” want that ruling to get a second look.
Ezra cited the Constitution’s supremacy clause and U.S. Supreme Court decisions as factors that contributed to his ruling. He said the Texas law would conflict with federal immigration law, and the nation’s foreign relations and treaty obligations.
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.
Citing 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.”
The lawsuit is among several legal battles between Texas and Biden’s administration over how far the state can go to try to prevent migrants from crossing the border.
The measure would allow state law enforcement officers to arrest people suspected of entering the country illegally. Once in custody, they could agree to a Texas judge’s order to leave the country or face a misdemeanor charge for entering the U.S. illegally. Migrants who don’t leave after being ordered to do so could be arrested again and charged with a more serious felony.
