Posted on 12/28/2023 1:53:47 PM PST by ChicagoConservative27
The Department of Justice (DOJ) warned Texas Gov. Greg Abbott (R) it will sue Texas if he enforces a new state law that allows for the prosecution and deportation of migrants entering the U.S. from Mexico, according to a letter obtained by The Hill.
Abbott signed the legislation earlier this month, citing the increased number of migrant encounters at the U.S. southern border.
The law, set to take effect March 5, allows any Texas law enforcement officer to arrest those suspected of illegal entry into the country. Once arrested, migrants must either agree to a judge’s order to leave the U.S. or face misdemeanor charges of illegal entry.
(Excerpt) Read more at thehill.com ...
The biggest scoundrels in this whole mess are the House Republicans. I expect Biden and his handlers to behave in an outrageous manner. That’s a given. But the House Republicans have the power of the purse.
Yet they do nothing as thousands of illegals cross our borders every day.
In a landmark 2012 case, the U.S. Supreme Court ruled that local police didn't have the authority to arrest someone solely based on their immigration status and said that responsibility falls to the federal government. - https://www.texastribune.org/2023/12/18/texas-governor-abbott-bills-border-wall-illegal-entry-crime-sb3-sb4/
Can a state enforce immigration laws? The U.S. Supreme Court has consistently upheld the federal government's jurisdiction over immigration law. SCOTUS has overruled attempts by state legislatures to single out immigrants. The Supremacy Clause of the U.S. Constitution generally means that federal laws trump state law. - https://www.findlaw.com/immigration/immigration-laws-and-resources/federal-vs-state-immigration-laws.html
More:
Criminal Resource Manual CRM 1500-1999 1918. Arrest Of Illegal Aliens By State And Local Officers
The United States Court of Appeals for the Ninth Circuit held, in Gonzales v. City of Peoria, 722 F.2d 468 (9th Cir. 1983), that the structure of the Immigration and Nationality Act does not evidence an intent to preclude local enforcement of the act's criminal provisions. Id. at 474. Based on the pertinent legislative history, the court of appeals rejected the argument that since 8 U.S.C. § 1324(c) specifically authorizes local officers to make arrests for violations of 8 U.S.C. § 1324(a), and 8 U.S.C. §§ 1325(a) and 1326 contain no comparable provision, Congress must have intended that local officers be precluded from making arrests for violations of 8 U.S.C. §§ 1325(a) and 1326. Id. at 475.
The decision warns, however, that the first violation of 8 U.S.C. § 1325(a) is a misdemeanor, and that if applicable state law authorizes law enforcement officers to arrest for misdemeanors only if committed in their presence, they would not be authorized to arrest aliens for illegal entry (unless the officers should happen to know that the alien had previously been convicted of illegal entry) unless they saw him/her cross the border.
The disappointing aspect of Gonzales is the statement that an alien's "inability to produce documentation does not in itself provide probable cause (to arrest)." See Gonzales v. City of Peoria, supra, at 16. Pursuant to 8 U.S.C. § 1304(e), aliens are issued registration cards and must carry such cards with them at all times. Aliens who gain entry without the requisite inspection, and who therefore are not issued such cards, violate 8 U.S.C. § 1325. Consequently, a law enforcement officer confronting an alien who is unable to produce documentation arguably has probable cause to believe that a violation of 8 U.S.C. § 1304(e) (failure to possess documents or 8 U.S.C. § 1325(a) (entry without inspection) has occurred. (If the alien is undocumented and has been in the United States for longer than 30 days, he or she has also violated 8 U.S.C. § 1306(a)).
Seems muddy to me.
you running for gov? you have my vote!
.
Just like they let the J6 hearings and committee play out without even saying - that’s not quite True.
It all happens because there’s no opposition party - or really because the Republicans want it to happen.
They were defending Schumer after he got caught calling down an Assassin to get a Supreme Court Justice.
.
Biden said during a Dem debate that we need a “Surge” at the border.
Illegals need to surge to border.
Trump will make a difference. There’s still lots of people in DC who are aware how bad things are - and would be more than happy to help with the clean out process. In short, yes, there is evil - yes there are people who work against our country while collecting a paycheck from taxpayers.. But there are also good people. And they will come forward.
Yes, it’s called oil.
Good luck.
What enforcement mechanism does Himmler Garland have?
Will Puppet Biden order the Washington Capital Clown Police to Texas to arrest the governor? Would love to see them get shredded by the Texas National Guard.
A national divorce is looking better all the time.
Democrats are trying TO DESTROY THIS GREAT COUNTRY.
VOTE DEMOCRATS OUT.
See you azhos in the Supreme Court. America is being invaded by that bastard Obrador and his murdering cartel bitches and the U.S. Government isn’t doing a damn thing about it. Pedo Bidenskyyyyy sent his Homeland Defense Twinkies, Blinkey and Maracas, down to scare the Obrador Breakfast Taco and he ate their lunch.
.
Raids, IRS, all kinds of weapons,
Suddenly peeps are under Indictment.
.
Raids, Indictments, IRS to start.
.
“DOJ threatens to sue Texas if border law is enforced”
Free Republic RULES here require you to credit sources for articles. This article is OBVIOUSLY from the Babylon Bee, as there is NO WAY that the federal government will punish a state for enforcing federal law.
So please be more careful in the future.
Refuse to answer any lawsuit they file. Then ignore any “order” from any judge.
Dare Biden to send Federal troops to enforce his will.
L
Okaaaaay.
Good luck with that.
Congress has the power of naturalization. It has no power under the Constitution to force a state to accept non-citizens except on necessary and proper military service under federal law.
It is my understanding of the Constitution that Texas does not have to allow non-citizens civilians into the state or to remain in the state, even if they were sure to be killed if they were to be in Mexico for a mere one second more.
If Congress wants Senor Conquistador to be able to live and work in Texas, it can make him a citizen.
If Congress wants Senora Refugee to be able to live and work in Texas, it can make her a citizen.
Texas has the constitutional right to ask the US government to remove all invaders and have the US government do so in a prompt and efficient manner. A treaty such as the Refugee Convention that would infringe on that right is unconstitutional.
Won’t need a pair of boots on the ground.
Deep State will just cut off the money.
“here is NO WAY that the federal government will punish a state for enforcing federal law.”
At this time a former federal officer is being prosecuted at both the state and federal levels because he complained about election fraud in elections for federal office.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.