The Supreme Court Will Allow Texas to Arrest and Deport Immigrants

In a ruling that is not final, the Supreme Court will allow Texas to arrest and deport illegal immigrants.

The Wall Street Journal reports the Supreme Court Won’t Block Texas From Arresting, Deporting Immigrants

The Supreme Court on Tuesday allowed Texas to begin arresting and deporting noncitizens on its own, rejecting an emergency appeal from the Biden administration that argued states can’t interfere with federal authority over the border.

The court declined to block a Texas law known as SB 4, which makes illegal border crossing a state crime and allows state officials to conduct arrests and deportations. The measure had been on hold as the high court weighed the federal government’s request to halt implementation during ongoing litigation. A federal district judge had enjoined the law after it was challenged by the Biden administration and immigrant-rights groups, but the Fifth U.S. Circuit Court of Appeals, in New Orleans, allowed SB 4 to go into effect at least for now.

The Supreme Court’s order, which split the justices along ideological lines, isn’t a final decision on the law’s constitutionality. 

In legal papers, Texas Attorney General Ken Paxton told the Supreme Court that SB 4 mirrors federal immigration law and should be viewed as a way to help Washington deal with a border crisis that has overwhelmed the national government’s resources.

Moreover, he wrote, Texas has a long history of acting on its own against foreign threats. In the 19th century, “Texas repeatedly responded with force against marauders who crossed into Texas from Mexico, both before and after Texas’s statehood,” he wrote.

The Biden administration, in its brief, said there was no legal authority for a single state to seize enforcement of immigration law from Washington.

Interesting Case

This is an interesting case because it goes against the 5-4 January 22 Texas Showdown Ruling That Let the Federal Government Cut Abbott’s Razor Wire

Letting Texas deport illegal immigrants but not prohibit them from entering in the first place makes little sense.

Moreover, Mexico says it will not accept Deportees from Governor Greg Abbott so what will Abbott do with them?

Abbott claims the federal government has abandoned its duty to protect the southern border, and it’s hard to argue with Abbott about that.

The Biden administration repeatedly has turned to federal courts to block Abbott’s policies and this is the first time the court has ruled against Biden.

But either this ruling is wrong or the January 22 ruling is wrong.

I strongly suggest this is a procedural issue and the January 22 ruling will ultimately hold.

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Laura
Laura
2 years ago

Texas needs to pass a law to require E-Verify for ALL workers. $50,000 fine per person for every violation.

Hank
Hank
2 years ago

People think laws and pieces of paper hold any meaning in duhmerica today….. The oligarchs and political ruling regime HATE YOU and dont give a shit about laws or what the Supreme Court says or doesn’t say. In fact they flaunt it openly in your face; especially FJB

Ursel Doran
Ursel Doran
2 years ago

Banking system has some serious problems, again some more.
So, what could go wrong when some unnumbered bunch of banks do fail as Powell manages the known problem after his regulators failed to force corrective action?” (In the 08 crisis bailout the FED sent $19 TRILLION around the world!)
https://www.thedailydoom.com/p/bank-bubbles-and-loan-troubles?

joedidee
joedidee
2 years ago

and then 5th court of appeals put another hold on it
TIME FOR TEXAS(and rest STATES) to ignore FED govt and courts
and enforce the laws of the land
start deporting to Mexico – few cruise ships sent to canjun ought to work out well

Alex
Alex
2 years ago

This is just common sense. But in this day and age, common sense is in short supply. Our precious kakistocracy promotes lunacy.

RonJ
RonJ
2 years ago

“The Biden administration, in its brief, said there was no legal authority for a single state to seize enforcement of immigration law from Washington.”

Where is the legal authority for the President not to uphold immigration law, when he/she is supposed to enforce the law? Texas isn’t seizing enforcement, when the Federal government is failing to do its duty to enforce the law. Biden should stop obstructing immigration law.

RonJ
RonJ
2 years ago

“The Supreme Court’s order, which split the justices along ideological lines, isn’t a final decision on the law’s constitutionality.”

So one side of the court isn’t following the Constitution. One political party keeps proclaiming no one is above the law, but puts illegal aliens above the law. Which is why Texas is trying to enforce laws the federal government isn’t, but is required to. The death of Laken Riley, a U.S. citizen, could have been prevented.

Last edited 2 years ago by RonJ
Steve in TN
Steve in TN
2 years ago

The question I have is why Texas waited this long to confront this border issue? The migrant invasion has been in full force since January 2021.

Alex
Alex
2 years ago
Reply to  Steve in TN

Actually it’s been going on for quite some time. Remember Trump campaigned on it, but, then did little after he won.6

Woodsie Guy
Woodsie Guy
2 years ago
Reply to  Steve in TN

Been wondering this myself for quite sometime. Millions have already poured over the border.

PapaDave
PapaDave
2 years ago

Then, in response, the fifth circuit court already issued a new order that prevents Texas from enforcing this. Perhaps the Supreme Court will have to rule again. Then the circuit court. Etc etc.

Legal leapfrog. Waste of time.

TexasTim65
TexasTim65
2 years ago
Reply to  PapaDave

It’s not a waste of time. It needs to get sorted out once and for all so if it goes back and forth a bit before a final decision is rendered that’s fine.

Micheal Engel
Micheal Engel
2 years ago

If those illegal immigrants were “armed” the Rangers can “neutralize” 5/10 of them. Repeat and rinse. All Abbot has to do is to prove that one of them was “armed”. That what El Sisi did. That’s what Trump had to do years ago. Turkey is pd to kill Syrians refugees trying to cross the border, even children. Since western countries fail to protect themselves reverse colonialism flourished in the US and in Europe and people who hate us are taking over.

Alex
Alex
2 years ago
Reply to  Micheal Engel

Stupid proposal by a sick individual that seems to love killing people.

MPO45v2
MPO45v2
2 years ago

“Moreover, Mexico says it will not accept Deportees from Governor Greg Abbott so what will Abbott do with them?”

And this is the crux of the problem with this issue. What power does Abbott have over Mexico? None. Texas has no agreements whatsoever with Mexico or vice versa. Asa usual, republicans didn’t fully think things thru going for that instant gratification political sound bite.

All Abbot can do is put them in camps and pay for their food and shelter and then be on the hook for any abuse, injuries or deaths that happen under his watch. He was better off letting the Feds handle it.

RonJ
RonJ
2 years ago
Reply to  MPO45v2

Democrats didn’t think things through very well, considering that Abbott sent illegal aliens to Democrat sanctuary cities, and those cities are crying uncle over the influx they have no ability to accommodate. Also, a number of U.S. Hispanic citizens are now supporting Trump as a result of the Democrats influx of illegals.

MPO45v2
MPO45v2
2 years ago
Reply to  RonJ

On the one hand the narrative here is that “everyone is leaving cities” and on the other hand the narrative here is “cities are overwhelmed with migrants.”

Logically speaking, only one of these statements can be true, so which one?

Yes, the cities are “whining” about immigrants but that’s just to get money from the Feds, they love and need that extra labor because you know, everyone is leaving the cities.

TexasTim65
TexasTim65
2 years ago
Reply to  MPO45v2

There are other things he can do with them besides just let them sit in camps. Since they would be arrested as law breakers they can be put into chain gangs and used as prisoner slave labor (this still goes on in lots of southern states). There is no shortage of projects that prison slave labor isn’t needed for since minimum wage makes a lot of jobs undeniable.

Last edited 2 years ago by TexasTim65
MPO45v2
MPO45v2
2 years ago
Reply to  TexasTim65

That’s called slavery.

But the thing no one is talking about here is how this whole thing is supposed to work. So a tropper stops a person they suspect of being here illegally. The guy says, “I’m waiting on asylum hearing (in spanish of course).”

What is the trooper supposed to do? Arrest him for what? He came in applied for asylum and now waiting for hearing. That is effectively following the process and the law as it exists today. So now he’ll be arrested and sent to a camp? OK, that will cost the state of Texas money for what I already pointed out. Now they get housing, food, medical care, etc.

Abbot is better off sending them to Chicago or New York.

dtj
dtj
2 years ago
Reply to  MPO45v2

13th amendment allows forced labor.

“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

howard
howard
2 years ago
Reply to  dtj

how is anyone supposed to be “duly convicted” of a crime when the back logs for assylum hearings are backed up by 2 years. No crime is committed to enter the country and apply for asylum. That’s the way its been for 100 years.

TexasTim65
TexasTim65
2 years ago
Reply to  howard

That may be true, but if you fail the asylum test then you are in fact a criminal because your entry was illegal. At that point you can be sentenced in which case it’s off to the chain gang to work off your debt. Say 1 year time + amount of time you were here sponging off tax payers so if it took 2 years for your hearing then it’s a total of 1+2=3 years on the chain gang.

That kind of risk makes coming here look a lot less rosy.

Commenter
Commenter
2 years ago
Reply to  howard

The backlog is over 7 years now. People being let in right now are being given 2031 court dates and that will only lengthen. Plenty of time to have anchor-children and that much harder to deport then. This is all by design. They are literally replacing you, that’s not a myth.

MiTurn
MiTurn
2 years ago

Abbott claims the federal government has abandoned its duty to protect the southern border, and it’s hard to argue with Abbott about that.”

This is just one of many responsibilities that the federal government has willfully neglected. The intent is apparent and becoming cumulative.

I say that like-minded red states collectively secede and form their own republic. The blue states, e.g. Californica, treat the illegals better than their own citizens, so let them have them all. And we get what remains of the US.

MikeC711
MikeC711
2 years ago
Reply to  MiTurn

There is no question that Biden admin has abdicated any responsibility for the borders. According to folks who observed, when illegals see Border Patrol (US), they run to them knowing they will get in. When they see Texas guard and officers … they hide and wait until they see border patrol. When the drug traffickers come across with duffel bags full of fentanyl … they look for border patrol, then cross by a woman with children. While BP would stop them … they simply grab a kid and throw them into the water … then BP has to go rescue the kid, and they waltz in. It’s a trainwreck

Six000MileYear
Six000MileYear
2 years ago

The whole situation is very confusing. From what I understand, Texas appealed the 5th Circuit ruling that favored Biden. Texas filed an emergency request with SCOTUS to reverse the stay. SCOTUS agreed to temporarily lift the stay until the 5th circuit court of appeals made its decision. SCOTUS did not rule on the merits of the case, so this is a procedural action to prevent damage to Texas. Hours after SCOTUS issued its verdict, the 5th circuit court of appeals ruled 2-1 for the stay that prevents Texas from arresting and deporting illegal aliens while arguments for the appeal take place.

Jim
Jim
2 years ago

Deport the Chinese to Haiti since Mexico won’t take them.

Jojo
Jojo
2 years ago
Reply to  Jim

The Chinese were good workers when we needed the railroads built in the 19th century. Surely, they could help rebuild Haiti?

Micheal Engel
Micheal Engel
2 years ago

The Earning reports in 3 weeks. The illiquid Trump saga of $450 million might spread elsewhere on a smaller scale. If closing stores, plants and high tech layoffs cont ==> illiquid homeowners will have to liquidate assets, when RE transactions are dead. They might try to rent. A mgt company will tell them to fix that and that. It will cost thousands or tens of thousands, before they can see rent. The estimate is a min 2/3 months, before cash flows in from a tenant. If they are not liquid enough they have to use their c/c at 23%/30% rate. Illiquid people, with great assets, can choke fast

Micheal Engel
Micheal Engel
2 years ago
Reply to  Micheal Engel

If a mgt co is your only option they can suck your blood for years/decades. Where else can u go. They do it in RE, estate properties, the hotel businesses, to farmers who are land owners…

Last edited 2 years ago by Micheal Engel
Doug78
Doug78
2 years ago

This ruling and the January 22 ruling are two separate issues from a legal point of view. The only commonality is that they both occur in Texas.

Doug78
Doug78
2 years ago
Reply to  Mike Shedlock

Common sense says they are related but the law doesn’t work by common sense but only by if an action is legal or illegal. I doubt if the rule will stand but it could take time to bring it down.

Jojo
Jojo
2 years ago
Reply to  Mike Shedlock

Barbed wire doesn’t stop them. I watch videos where they throw blankets over the wire but still get caught in some of the barbs but it doesn’t stop them. They don’t care. Like locusts, they just keep on coming.

Jojo
Jojo
2 years ago

Moreover, Mexico says it will not accept Deportees from Governor Greg Abbott so what will Abbott do with them?”

Send them down to Boca Chica, put them on a boat and launch it south. Buh-bye.

Nonplused
Nonplused
2 years ago

Wait a minute… Mexico won’t take them back????

Jack
Jack
2 years ago
Reply to  Nonplused

I expect a lot of them are not Mexican, but are from countries further south. Why would Mexico accept foreigners sent from US?

DaveFromDenver
DaveFromDenver
2 years ago
Reply to  Jack

You are so right. Many are not from Mexico. But Mexico let them come accross from Guatemala. Just send ’em back to Guatemala. Then Mexaco will have to stop them again there or get stuck with them when the Wall or the Wire, gets finished.

A D
A D
2 years ago

I’ve seen local and state police make arrests for federal crimes.

Justice Hand wrote this was permissible in the US Supreme Court decision for US versus Coplon.

Read in local news that my county sheriff office made an arrest for use of counterfeit $100. Is that not a federal crime to pass counterfeit money ?

babelthuap
babelthuap
2 years ago

Gov Abbott and his wheelchair are a bigger comedy act than Abbot and Costello. This guy kept the mask mandate going for a long long time. Well after many states shut it down. He also did not support Trump. All the measures he took were AFTER Trump. Trump would have allowed him to do all these things and more.

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