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The U.S. Supreme Court on Tuesday has ruled that Texas is allowed to enforce a law that allows local police to arrest migrant who enter Texas’ border illegally. This is a legal shift, but it does not mean the this battle is over. Governor Abbott and the Biden Administration still have some legal moves before this case is definitely resolved going into the 2024 elections, when the border and human trafficking crises is high on the list of voters’ concerns
Tuesday’ decision follows Monday’s decision when the court extended the Biden’s administration request to extend the blocking of the enforcement of the Texas law to arrest illegals.
The Biden administration has argued that Senate Bill 4, signed by Texas Governor Greg Abbott in December, would usurp federal authority on matters related to immigration enforcement.
"The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and removal of noncitizens," the DOJ wrote in a January pleading. "Texas cannot run its own immigration system. Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations."
Texas attorneys have argued that the state’s law mirrored federal law and was created to compensate for the Biden administration’s negligence regard of the massive increase in illegal immigrants into the U.S. to the tune of nearly 10 million since Biden was inaugurated.
Translated in layman’s terms - Texas is not violating federal law. Biden administration is abdicating its responsibility and hence, Texas officials had to take these measures to protect their citizens.
"Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court. Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court," Texas Attorney General Ken Paxton said in a statement Tuesday.
Tuesday’s ruling did not address the overall merits of the case. It only ruled on the stay issued by the Fifth Circuit Court of Appeals. That court blocked the Texas law in February, but never explained its rationale.
Although the court lifted the stay, in a concurring opinion, Justices Amy Coney Barrett and Brett Kavanaugh expressed concern.
"Before this Court intervenes on the emergency docket, the Fifth Circuit should be the first mover," Barrett wrote.
"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. 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," she wrote.
Justices Sonia Sotomayor and Ketanji Brown Jackson expectedly issued a scathing partisan dissent, accusing their judicial colleagues of creating “further chaos and crisis in immigration enforcement."
"Texas passed a law that directly regulates the entry and removal of noncitizens and explicitly instructs its state courts to disregard any ongoing federal immigration proceedings. That law 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," Sotomayor wrote.
Biden’s White House disagrees with the decision, which Is not surprise as the operation which they have put in motion on the southern border is facilitating and harvesting is a human trafficking operation.
The White House "fundamentally" disagrees with the U.S. Supreme Court's order.
"S.B. 4 will not only make communities in Texas less safe, it will also burden law enforcement, and sow chaos and confusion at our southern border. S.B. 4 is just another example of Republican officials politicizing the border while blocking real solutions," the White House said in a statement.
The case now goes back to the Fifth Circuit, which could block the law again, setting up another U.S. Supreme Court battle.
Governor Abbott called the ruling a "positive development.”
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What "legal" battle" An illegal will get to meet his creator if tries it...that's like water being wet...
Can anything be more blatantly politically motivated than this? 'Oh, let's bring millions of illegals, give them food, shelter, handsful of cash and a voter ID. No health screening, no background check. Oh, and we can have our fake Conservative business owners fire all their people who are citizens and hire all these illegals.' 'Can't think of a better and faster way to win an election, Joe.'