Democrats have done a great job at packing the court systems with their ideologues. Now it’s gone a step too far.
And Greg Abbott is furious over what a federal court just did to him.
The laws of this nation don’t matter if a liberal judge can overrule them or Democrat DA’s refuse to enforce the law.
Unfortunately, that’s exactly where we’ve found ourselves.
And now a federal appeals court renewed an injunction on Wednesday, preventing Texas’ severe new immigration legislation from going into effect, handing immigrant rights supporters and President Biden a huge victory.
The 5th U.S. Circuit Court of Appeals concluded 2-1 that the statute is likely to be declared unconstitutional and hence cannot take effect while legal challenges are pending.
According to Chief Judge Priscilla Richman, the Constitution gives the federal government nearly complete responsibility over immigration policy, and Texas’ attempt to impose state punishments for illegal immigrants, including a deportation mechanism, undermines that power.
Judge Richman particularly rejected Texas Gov. Greg Abbott’s contention that the surge of illegal immigrants constitutes an “invasion” under a clause of the Constitution that provides states extensive authority to wage war independently of the federal government.
Mr. Abbott had stated that the new law, known as SB4, was necessary because the federal government had refused to carry out its responsibility to enforce immigration laws, leaving the state with massive new burdens as it attempted to prevent illegal immigration while also bearing the costs of providing services to those who did make it through.
However, Judge Richman stated that the Constitution does not provide for such an escape provision.
“Texas, nobly and admirably some would say, seeks to fill at least partially the gaping void. But it is unlikely that Texas can step into the shoes of the national sovereign under our Constitution and laws,” she wrote.
She also dismissed the state’s invasion argument, saying that whatever that section of the Constitution implies, it does not give Texas the authority to overturn federal law.
SB4 establishes state-level consequences for illegal entry into the country, with state judges having the option of imposing a criminal punishment or deportation. The criminal penalties were designed to correspond to federal law, with a misdemeanor for a first offense and a felony for repeat offenders.
The law also empowers a judge to order deportation, which would require state authorities to return a migrant to the border.
The state claims it is aimed at recent arrivals and seeks to provide the state the authority to enforce laws where the federal government will not.
State officials anticipate 80,000 arrests each year under the law.
The measure sparked great interest from both sides, with Republican-led states coming in to support Texas’ claims to the freedom to act autonomously, and Mexico filing its own brief warning that the law would seriously harm international relations.
Mexico had also stated that it would not help in taking back anyone claiming to be deported under Texas law.
This come on the heels of Mexico’s president threatening to unleash even more illegal immigrants into the country.
You can read the full scoop on this “diplomatic blackmail” over at our sister site, Conservative Column, by clicking here.
Stay tuned to the DC Daily Journal.
