Posted on 03/19/2024 11:18:32 AM PDT by janetjanet998
WASHINGTON — The Supreme Court on Tuesday allowed Texas to enforce a contentious new law that gives local police the power to arrest migrants.
The conservative-majority court, with three liberal justices dissenting, rejected an emergency request made by the Biden administration, which said states have no authority to legislate on immigration, an issue the federal government has sole authority over.
Sounds suspiciously like Biden and the blue state Democrats.
And they should be taken off the ballot for treason.
proof that one is here legally should be required upon all arrests for committing a crime and should they be determined to be here illegally the sentence should be enhanced significantly.
How about the illegal aliens that that judge just said could own a gun? Did they get a background check? If not, are they at least guilty of having an unauthorized gun? Can they then be kicked out of the country?
I would think that the standard would be set by what constitutes an illegal alien.
Congress sets the uniform rules of naturalization, so states would have to abide by the rules that establish lawful from unlawful entry.
I would focus on the international border states first and not worry about interior states. From Title 8-ALIENS AND NATIONALITY CHAPTER 12-IMMIGRATION AND NATIONALITY SUBCHAPTER II-IMMIGRATION Part VIII-General Penalty Provisions §1325. Improper entry by alien. it says:
In Texas, it should be easy to have the Texas Rangers patrol the border area and pick up people who are crossing away from designated entry checkpoints. These people are certainly trespassing.§1325. Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of-
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
§1225. Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
(a) Inspection
(1) Aliens treated as applicants for admission
An alien present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters) shall be deemed for purposes of this chapter an applicant for admission.
So even someone who was captured in the middle of the west Texas desert and brought to Immigration Control will be considered an applicant for admission as if they had crossed the proper entry point. The difference is that they won't have the valid entry papers (valid passport and visa).
§1225 and §1325 seem to be at odds with each other, as §1225 says to treat them as an applicant for admission but §1325 says they can be imprisoned for up to six months.
Therefore, I think it will take a court challenge to weed out the inconsistent language that seems to have been patchwork applied to prior law.
At the minimum, a "trespasser" should be anyone observed by state law enforcement to be crossing the border away from designated points of entry and without out any required documents for entry.
Keep in mind that this is all top-of-mind since reading how much the US Code has changed since the last time I looked at it.
-PJ
Sounds like a plan.
Thanks for nothing Trump for picking the WRONG people. Repeated every day here.😂
Trump 2024
Thanks Mr. President 👍
Theoretically, they likely could.
Will they?
I don’t see a chance of that happening.
“Great news. It’s needed since an Obama appointed judge just ruled illegals can carry firearms saying it’s their 2nd Amendment Constitutional rights.”
Now, if only... these same leftists would conclude that we legal citizens hare the same 2nd Amendment Constitutional rights.... for a refreshing change.
Fan-TASTIC!
Wonder how much Brandon’s BEAT DOWN of SCOTUS in PUBLIC in his ‘State of Disarray’ speech last week had to do with this?
I hope THAT ALONE sets a precedent for SCOTUS rulings this coming year!
Well, this is a temporary stay from stopping Texas from protecting its borders. My understanding is the case has been sent back to lower court while appeals are in progress. Wonder how this one ends...
So it must be that the USSC read my nasty comment yesterday on FR and decided to act appropriately.
Well hey- I can dream can’t I?
I’m still going to hope and PRAY that they do the RIGHT THING in the end. :)
And so am I!
Just a note that the Fifth Circuit Court of Appeals will be having a hearing for a Stay Pending Appeal regarding SB4 TOMORROW.
Today’s SCOTUS decision is a “warning” that Administrative Stays (sometimes known as the “Shadow Docket”) are going to be addressed more proactively by the Court, which is a good thing.
If Biden and his goons bring them here we need to ship them to Delaware - to the town where Biden has his beach house. And to Martha’ Vineyard... Let the damn white liberal ‘elites’ show us how to assimilate Haitians.
The DUmmies are all up in arms over this.
They think the SCOTUS is *far right*.
The level of deceit over there is staggering.
That’s all bullshit. “Domestic” policing is just that.
Foreign nationals pouring across the border is not “domestic”.
Anybody that claims “we” can’t use the Army to secure the border is smoking their socks.
What is the Army for?
Has everyone forgotten, or are they just inured to the notion that it’s perfectly fine to to have 100s of overseas military bases and operations, wars, and thousands KIA, MIA, prisoners of war - without a declaration of war by congress mind you - but America cannot protect the border?
Brainwashing (Hypnosis??) works, is all I can say. “Subjective” my ass.
Her health is not good, so I could definitely see it happening.
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