The Biden administration is facing a Texas-sized showdown as the Lone Star State moves to tackle the surge of illegal immigrants pouring in from Mexico. Texas Governor Greg Abbott recently signed a law giving state police the power to arrest individuals who enter the state between official entry points, with the option of either remaining in Texas behind bars or accepting deportation to Mexico.
Biden Administration Attempts to Stop Texas from Enforcing Immigration Law https://t.co/u2k6hU3wsD pic.twitter.com/v9pC2ianAD
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Under this new legislation, being in the state illegally is considered a misdemeanor, punishable by up to six months in jail. Repeat offenders face felony charges, with potential sentences ranging from 2 to 20 years, although these can be dropped if the immigrant agrees to be deported. Naturally, the move has ruffled some feathers, and a legal battle is looming as the Biden administration contests the state’s authority in this matter.
According to the National Review, the most recent Supreme Court ruling on immigration, Arizona v. U.S., affirms that only the federal government has the power to deport illegal immigrants. The Department of Justice has filed a complaint, asserting that Texas is overstepping its bounds by attempting to establish its own immigration system. They argue that the state’s actions infringe upon the federal government’s exclusive authority to regulate the entry and removal of noncitizens, disrupt immigration operations, and even interfere with U.S. foreign relations.
The complaint further contends that Texas’ law is redundant and obstructs the federal government’s ability to conduct appropriate enforcement actions and assess national security and public safety risks. It raises concerns about the impact on foreign relations, asserting that the law could lead to the imposition of criminal penalties and immigration consequences on foreign nationals, regardless of their country of citizenship.
In response to the lawsuit, Associate Attorney General Vanita Gupta emphasized that states cannot enact immigration laws that interfere with the framework established by Congress, citing the Supremacy Clause of the Constitution and established Supreme Court precedent. Meanwhile, Republican state Rep. David Spiller sees the new law as a significant step toward enabling Texans to safeguard their state. He asserts that the legislation offers a compassionate, reasonable, and effective approach to address a problem exacerbated by the Biden administration’s failure to secure the border.
In summary, the battle lines have been drawn, with Texas taking a bold stand to protect its borders and the Biden administration pushing back to uphold federal authority. As the legal wrangling unfolds, the clash between state and federal powers promises to be an intense and contentious affair, with far-reaching implications for the handling of immigration issues.