Texas Stripped of Powers in Border Security Bill

Newsweek ^ | Feb 06, 2024 at 9:32 AM EST | By Sean O'Driscoll Senior Crime and Courts Reporter

[Red Badger]

Conservatives have attacked a provision of the new border security bill that would only allow legal challenges to be made in Washington D.C.

The bill would strip the power of Texas and other states to challenge some of the its provisions in their local federal court.

Conservative commentators were quick to denounce the provision, contained on page 221 of the bill. Bill Shipley, who was a federal prosecutor for over 20 years, decried the its court provisions on X, formerly Twitter, on Sunday.

"This would prevent plaintiffs - like the State of Texas - from filing suit in Texas federal courts. This is corrupt," he wrote.

After outlining the provisions under which immigrants can seek judicial review of a deportation order, the bill states:

"The United States District Court for the District of Columbia shall have sole and original jurisdiction to hear challenges, whether constitutional or otherwise, to the validity of this section or any written policy directive, written policy guideline, written procedure, or the implementation thereof."

The right of judicial review for illegal immigrants about to be deported has proved controversial.

In 2022, a Louisiana federal judge blocked the Biden administration from ending Title 42, a pandemic-related border restriction that allows for the immediate expulsion of asylum-seekers and other migrants.

Reacting to the latest provisions in the border security bill, conservative writer and self-style "deportation scientist" Mike Howell wrote on X that the bill "puts far left DC district court in charge."

[DesertRhino]

A law does not override the Constitution. Even if they pass this monstrosity, Texas can flip them the finger.

[Salvavida]

Unconstitutional on its face, therefore void. Fedgov has the responsibility to enforce borders, but that doesn’t take away the state’s right to defend itself from invasion.....and that mission belongs to the militia exclusively.

[Elsie]

This would prevent plaintiffs - like the State of Texas - from filing suit in Texas federal courts.

That doesn't leave much wiggle room, so don't be surprised when Texas goes all Chuck Norris on you!