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Texas law allowing police to arrest migrants suspected of being in country illegally blocked by federal judge
Texas Tribune ^ | 2/28/24 | BY URIEL J. GARCÍA

Posted on 02/29/2024 9:38:28 AM PST by CFW

A federal judge in Austin on Thursday halted a new state law that would allow Texas police to arrest people suspected of crossing the Texas-Mexico border illegally.

The law, Senate Bill 4, was scheduled to take effect Tuesday. U.S. District Judge David Ezra issued a preliminary injunction that will keep it from being enforced while a court battle continues playing out. Texas is being sued by the federal government and several immigration advocacy organizations.

Ezra said in his order Thursday that the federal government “will suffer grave irreparable harm” if the law took effect because it could inspire other states to pass their own immigration laws, creating an inconsistent patchwork of rules about immigration, which has historically been upheld as being solely within the jurisdiction of the federal government.

“SB 4 threatens the fundamental notion that the United States must regulate immigration with one voice,” Ezra wrote.

Gov. Greg Abbott signed SB 4 in December, marking Texas’ latest attempt to try to deter people from crossing the Rio Grande after several years of historic numbers of migrants arriving at the Texas-Mexico border.

The law seeks to make illegally crossing the border a Class B misdemeanor, carrying a punishment of up to six months in jail. Repeat offenders could face a second-degree felony with a punishment of two to 20 years in prison.

The law also seeks to require state judges to order migrants returned to Mexico if they are convicted; local law enforcement would be responsible for transporting migrants to the border. A judge could drop the charges if a migrant agrees to return to Mexico voluntarily.

(Excerpt) Read more at texastribune.org ...


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Texas
KEYWORDS: aliens; arrest; border; corruption; courts; davidalanezra; davidezra; dhawaii; grewinoffice; illegalaliens; reaganjudge; texas
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To: CFW

Texas should tell the court to pack sand.


21 posted on 02/29/2024 9:53:32 AM PST by wildcard_redneck (He who sacrifices freedom for security deserves neither.)
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To: CFW

A Ronald Reagan nominated judge


22 posted on 02/29/2024 9:53:49 AM PST by Blue Collar Christian (I'm a nationalist. I'm white. How does that make me racist?)
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To: CFW

Follow the judges ruling just like the democrats do. Arrest and appeal. Austin is the dem capital of TX. One judge versus TX law by those voted by T x people.


23 posted on 02/29/2024 9:56:54 AM PST by Hattie
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To: caww

He looks like he just had a wet-fart.

Or that he just realized that his home was being commandeered to house illegal aliens. That crossed into Texas. Because of his stupid ruling. And that karma sucks. And that he’s a dumbass.


24 posted on 02/29/2024 9:58:32 AM PST by Made In The USA (Ellen Ate Dynamite Good Bye Ellen)
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To: CFW

Hand out flyers in spanish advertising free aid for illegals with Ezras house #.


25 posted on 02/29/2024 10:00:12 AM PST by Manic_Episode (A government of the government, by the government, for the government)
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To: CFW

“Ezra said in his order Thursday that the federal government “will suffer grave irreparable harm” if the law took effect...”

Anyone else view this as a feature and not a bug?


26 posted on 02/29/2024 10:01:43 AM PST by lastchance (Cognovit Dominus qui sunt eius.)
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To: CFW

Ignore this ruling. Dare the judge to do anything about it.

L


27 posted on 02/29/2024 10:04:18 AM PST by Lurker ( Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: CFW
The Red States must ignore these affirmative action, liberal fascist judges and get to the business of protecting their state's citizens.

It's a travesty to allow a single federal pimp to obstruct the welfare of the country.

28 posted on 02/29/2024 10:04:30 AM PST by LouAvul (If America will repent of its wickedness and return to Christ, He will forgive and restore. )
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To: CFW

These corrupt political judges will be the downfall of this country as fewer and fewer people will have respect for their political rulings resulting in people ignoring the rulings and the law, as well as taking the law into their own hands.


29 posted on 02/29/2024 10:06:06 AM PST by falcon99 ( )
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To: CFW

In January 2013, Ezra was designated by the Chief Justice John Roberts to the Western District of Texas, San Antonio and Austin Divisions, to help ease the heavy workload for the federal judges in that state. Ezra has a Chambers and Courtrooms in both San Antonio and Austin, Texas

On August 31, 2023, Ezra struck down Texas H.B. 1181, which would have required age verification, ensuring individuals are 18 or older before accessing adult sexual content.

In September, 2023, Ezra ruled that a controversial floating border barrier in the Rio Grande River violates federal law and must be removed. Texas Governor Greg Abbott had ordered deployment of the floating barrier in July as part of Operation Lone Star, his multibillion-dollar effort to fight illegal immigration and smuggling at the U.S.-Mexico border.

Ezra is currently presiding over United States v. Texas, a legal challenge to SB 4 which empowers state and local police officers to arrest migrants who cross from Mexico without authorization.


30 posted on 02/29/2024 10:06:11 AM PST by MrZippy2k (All enemies, foreign and domestic)
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To: Made In The USA

And if Deep State says either comply or lose federal funding...

What do you think the state of Texas will do given its failure to plan for this eventuality.

Say “screw you” or knuckle under...


31 posted on 02/29/2024 10:09:03 AM PST by mewzilla (Never give up; never surrender!)
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To: CFW

Tell this Judge it’s your ruling, you try and enforce it...


32 posted on 02/29/2024 10:11:00 AM PST by dpetty121263
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To: CFW

Can Texas police make an arrest of someone who has any other federal warrant? If so, it’d be a shame if they let those perps walk - just prior to letting the feds know they did, of course.


33 posted on 02/29/2024 10:14:14 AM PST by Living Free in NH
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To: caww

34 posted on 02/29/2024 10:21:27 AM PST by FreeReign
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To: Made In The USA

Gov. Abbott should send 10,000 to the Judge’s community.


35 posted on 02/29/2024 10:39:45 AM PST by ActresponsiblyinVA
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To: CFW
The law also seeks to require state judges to order migrants returned to Mexico if they are convicted;

There is nothing in the order preventing a Texas judge ordering that a defendant be remanded to ICE upon completion of their sentence.

If ICE releases them on the street any subsequent crimes committed will be on the Administration not Texas.

36 posted on 02/29/2024 10:42:03 AM PST by usurper (AI was born with a birth defect.)
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To: CFW

Judges don’t get to rewrite law as they see fit. They’re also not part of the executive branch.

Did they break a law by being here illegally? Yes. Is it the job of law enforcement to arrest those breaking the law? Yes.

Ignore this judge, it’s beyond authority.


37 posted on 02/29/2024 10:44:34 AM PST by fuzzylogic (welfare state = sharing of poor moral choices among everybody)
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To: CFW

Under Texas Penal Code § 30.05, the definition of criminal trespass is more complex than the simple notion of being on someone else’s land. One way to commit the offense is to enter upon another’s property even though one has notice that the entry is forbidden. Another way is to remain on another’s property, refusing to leave after receiving notice to depart. So if they post the land, creating a boundry, then anyone coming on that land is guilty. They don’t need a new law. Just enforce the one on the books.

Criminal trespass is normally a Class B misdemeanor with a fine up to $2,000 and a jail term up to 180 days. If the trespass is on agricultural land, and the trespasser is apprehended within 100 feet of the boundary of the land, the offense is a Class C misdemeanor with a fine up to $500. Agricultural land is broadly defined and includes land suitable for growing plants (for food, feed, fiber, seed, etc.) or trees or for keeping farm or ranch animals. However, under certain conditions including if one has a deadly weapon on or about one’s person the offense is a Class A misdemeanor with a fine up to $4,000 and a jail term up to one year.

And since the feds say they are the sole responsibility for immigration, sned them the bill for incarceration.

wy69


38 posted on 02/29/2024 10:47:04 AM PST by whitney69 (yption tunnels)
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To: mewzilla

I’d imagine deep state and the socialists have been threatening financial burdens all along. In your scenario I think the State of Texas would tell the regime ‘screw you.’ Invasion is not hyperbole, the risk to the country clear, and State leadership is willing to fight the good fight.


39 posted on 02/29/2024 11:00:50 AM PST by Made In The USA (Ellen Ate Dynamite Good Bye Ellen)
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To: CFW

ignore the traitor judge


40 posted on 02/29/2024 11:01:10 AM PST by cuz1961 (USCGR Vet, John Adams Descendant , deal with it.)
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