illegal immigration
Biden And Red States Are On Immigration Collision Course Heading For Supreme Court
![](https://www.todayville.com/wp-content/uploads/2024/05/tvrd-dc-us-supreme-court-justice-image-2024-05-27.jpg)
From the Daily Caller News Foundation
The Biden administration is currently waging a legal campaign against Republican-led states, arguing their laws that effectively restrict illegal immigration are unconstitutional.
The Department of Justice has so far filed lawsuits against three different states for enacting laws that largely empower police to enforce immigration rules. However, these state leaders, in the backdrop of an unprecedented border crisis, say they have no choice but to take up the issue themselves because the Biden administration won’t — and other Republican states may soon follow suit.
Texas, Iowa, and Oklahoma have all signed similar bills into law in recent months that make it a state crime to be an illegal immigrant. Texas Senate Bill 4, Iowa Senate File 2340, and Oklahoma House Bill 4156 empower their law enforcement to arrest illegal immigrants and bestow various penalties for unlawful presence in the country.
“Due to the abdication of this administration’s duty to enforce the law, states are trying to protect themselves,” Matt Crapo, a senior attorney with the Immigration Reform Law Institute, explained to the Daily Caller News Foundation. “They are trying to do so by mirroring federal law, enforcing the same type of laws if this administration was enforcing the law.”
The Biden administration, however, argues these laws are unconstitutional as they intrude on the federal government’s sole authority to enforce immigration law.
Whether or not these states can enforce their laws will likely depend on the Supreme Court. The law passed in Texas, the first of the three to take up this approach, will likely end up back into the nation’s highest court.
The Immigration Reform Law Institute, a legal organization that supports stricter immigration enforcement, filed an amicus brief in the Fifth Circuit Court of Appeals in support of Texas SB4. Crapo said his organization plans to file similar briefs supporting the Iowa and Oklahoma bills once those states file in opposition to preliminary injunctions imposed by federal courts.
IRLI argued in its Texas brief that, while SB4 “parallels” similar federal immigration offenses, the law does not interfere with the federal government’s power to decide which classes of aliens are admissible or removable.
However, not all legal experts agree the Texas law adheres to the Constitution.
“SB4 is cruel, inhumane, and clearly unconstitutional,” Kate Melloy Goettel, senior legal director at the American Immigration Council, said in March statement. “All these bills could result in significant civil rights abuses, leading to widespread arrests and deportations by state actors without key federal protections.”
“Our hope is that SB4 is ultimately blocked in court; otherwise, this sets a disastrous precedent,” Goettel continued.
Immigration experts aren’t sure how the Supreme Court will ultimately rule.
“It’s sort of an open question as to whether the Supreme Court is going to allow Texas to criminalize illegal entry into Texas,” Art Arthur of the Center for Immigration Studies said to the DCNF, noting how this case is fundamentally different than the lawsuit against a 2010 Arizona law that criminalized illegal immigration status, but was largely struck down. “Texas’ argument is ‘look, the federal government doesn’t completely occupy the field with respect to this crime because trespassing is an essential state crime and this is basically a trespassing offense.’”
Arthur noted that the Texas legislation is fundamentally different to the Iowa and Oklahoma laws, meaning potentially very different outcomes in their court challenges. Unlike Oklahoma and Iowa, Texas borders Mexico and has more standing to enforce trespassing.
“The Supreme Court’s decision in SB4 will give us a lot of idea of how much vitality these other laws have, but these other laws are distinguishable from SB4,” he said. “For that reason, if the states are serious about this, they will have to litigate it all the way up to the Supreme Court.”
Similar to what sponsors of this legislation have argued, Arthur said that the passages of these state laws are not “political stunts,” but cries for help and assertions that the Biden administration has abandoned immigration enforcement.
Federal immigration data show that illegal immigration is at historic levels.
Border Patrol agents have had more than 1,171,000 encounters with illegal immigrants this fiscal year, according to the latest data by Customs and Border Protection. Well over six million such encounters have been made since the beginning of President Joe Biden’s White House tenure.
The massive influx of illegal immigrants has been followed by high-profile crimes, such as the killing of a Georgia nursing student allegedly at the hands of a Venezuelan illegal immigrant and the attempted breach of the Quantico Marine Base in Virginia allegedly by two Jordanian nationals living unlawfully in the country. A report by a New Jersey lawmaker found that his state is shelling out over $7 billion annually to cover the costs of illegal immigrants.
For these reasons, Republican state leaders say they have no choice but to address the crisis themselves — even if the Biden administration threatens to sue them for it.
“The Biden administration refuses to do their job, so we need to do it,” Louisiana state senator Valarie Hodges said to the DCNF. Hodges is the sponsor of a bill that, if signed into law, will also make illegal immigration a state crime.
Her legislation, Senate Bill 388, makes illegal entry punishable by up to one year in prison and a $4,000 fine for the first offense, and up to two years in prison and a $10,000 fine for a second offense. The bill has already passed both chambers in the state legislature, and needs procedural approval from the state senate before heading to the governor’s desk.
Much like the governors and attorneys general of the states already sued by the Department of Justice, the state senator appeared unfazed at the prospect of a court challenge.
“When the federal government won’t do their job, what course do we have?” Hodges asked. “We’re going to collapse if we don’t do something. I believe we are within our constitutional boundaries to do this.”
“Maybe we should sue them for not doing their job,” she added.
The Department of Justice did not respond to a request for comment from the DCNF.
Crime
Venezuelan Migrant Says She’d ‘Return’ To Country After Living In Housing Taken Over By Venezuelan Gang
![](https://www.todayville.com/wp-content/uploads/2024/09/tvrd-dc-venezuelan-gangs-take-over-appartments-denver-image-2024-09-07.jpg)
From the Daily Caller News Foundation
By Hailey Gomez
A Venezuelan immigrant living in migrant housing in Aurora, Colorado, appeared to fight back tears while speaking to independent reporter Nick Shirley, saying she would return to her country after living in the U.S.
This week, the city of Aurora faced major pushback from Republicans after footage surfaced online of armed men inside an apartment complex in late August. Shirley was seen visiting various migrant housing units before stopping at the viral location to interview residents where the armed men had been spotted.
Shirley spoke with a Venezuelan woman who showed him the poor living conditions her family endures, stating she pays $1,200 per month for the apartment. The migrant stated that the electricity and hot water in her apartment weren’t working, telling Shirley that the landlord hadn’t accepted any payment for the “past couple of months.”
“Does your father still have to pay rent?” Shirley asked as they walked around her father’s apartment.
“The owner is no longer receiving any kind of payment, because he is also taking all this, that the gangs and the mafia are taking advantage of all of this to get us out as if we were dogs and it’s not fair,” the migrant stated, according to a translation.
Shirley asked if gangs had been charging people, to which the migrant replied, “no.” The independent reporter then asked if her life in the U.S. was what she expected after crossing the border.
WATCH:
“No, never. I would have stayed in my country. They say that here everything is different, the laws, everyone gets a good job, you get ahead, you can save money to take back to your country,” the migrant stated. “But not everything is as they say, the American dream is simply just a dream. When you get here you wake up, it’s not like they say.”
Shirley then pressed the migrant, asking in Spanish if she would take a “flight or opportunity to go back” to her home country.
“With all the love in the world I would return to my country,” the migrant said.
Republican lawmakers on Friday sent a letter criticizing the Biden-Harris administration’s “open border policies” and local “sanctuary” policies over the reported presence of the Venezuelan gang Tren de Aragua, which allegedly terrorized several apartment buildings in Aurora.
Reportedly beginning as a prison gang in 2014 within the northern Venezuelan state of Aragua, Tren de Aragua has grown into one of Venezuela’s largest criminal organizations. With around 5,000 members and stretching internationally across Latin America and the U.S., the gang has allegedly been connected to several high-profile crimes within the U.S., including the kidnapping and strangling of a Florida man last year.
This week, the Aurora Police Department announced the arrest of two confirmed Tren de Aragua gang members, Jhonnarty Dejesus Pacheco-Chirinos and Jhonardy Jose Pacheco-Chirinos, following a July 28 shooting that left two men hospitalized with serious injuries.
illegal immigration
Illegal immigrants crossing from Canada into USA in record numbers
![](https://www.todayville.com/wp-content/uploads/2024/09/tvrd-cs-illegal-immigrants-crossing-canada-us-border-champlain-ny-image-2024-09-02.jpg)
Illegal border crossers from Canada captured near Champlain, NY – US Border Patrol
From The Center Square
By
Apprehensions in 10 months surpass previous 13 fiscal years combined
The busiest U.S. Customs and Border Protection sector at the northern border continues to break records in apprehensions with foreign nationals coming from 85 countries to Canada to illegally enter the U.S.
In less than 10 months, Swanton Sector Border Patrol agents apprehended 15,000 foreign nationals from 85 countries who all illegally entered the U.S. through Canada, the greatest volume reported in this time period in recorded history.
By contrast, the Swanton Sector apprehended 365 illegal border crossers in all of fiscal 2021, according to CBP data.
The total number apprehended this fiscal year, which ends Sept. 30, exceeds apprehensions Border Patrol agents made in 13 fiscal years combined (fiscal 2011 through fiscal 2023), Swanton Sector Chief Patrol Agent Robert Garcia said.
The 15,000 illegal border crossers is equivalent to 15 U.S. Army battalions.
Foreign nationals flew from 85 countries to eventually reach Canada and then make their way to the U.S. border, where they illegally entered the Swanton Sector. The sector includes all of Vermont, six upstate New York counties, and three New Hampshire counties.
Illegal entry by car in Alburgh, Vermont.
It spans 295 miles of international boundary with the Canadian provinces of Quebec and Ontario and is the first international land boundary east of the Great Lakes.
In fiscal 2023, Swanton Sector Border Patrol agents broke previous records by apprehending the greatest number of illegal border crossers in history of more than 6,700 foreign nationals from 76 countries, The Center Square exclusively reported.
In just one year, that number tripled and countries of origin increased to 85.
Foreign nationals illegally entering the U.S. from Canada in the Swanton Sector alone are citizens of Afghanistan, Albania, Algeria, Angola, Anguilla, Argentina, Australia, Azerbaijan, Bangladesh, Belgium, Bolivia, Brazil, Cameroon, Canada, Chad, Chile, China, Colombia, Congo, Costa Rica, Croatia, Cuba, the Democratic Republic of the Congo, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eswatini, Finland, France, Georgia, Germany, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungry, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Kazakhstan, Kosovo, Liberia, Lithuania, Mauritania, Mexico, Morocco, Nepal, Netherlands, Nicaragua, Nigeria, Pakistan, Panama, Papua New Guinea, Peru, Philippines, Portugal, Romania, Russia, Rwanda, Saudi Arabia, Senegal, South Africa, Spain, Sri Lanka, Sudan, Sweden, Syria, Taiwan, Togo, Turkey, Ukraine, United Kingdom, Uzbekistan, Venezuela, Vietnam and Zimbabwe, according to Swanton Sector data.
![TCS border crisis northern border sqanton sector](https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=150%2C107 150w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=200%2C143 200w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=225%2C161 225w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=300%2C214 300w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=400%2C286 400w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=540%2C386 540w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=640%2C457 640w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=750%2C536 750w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=990%2C707 990w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=1035%2C739 1035w, https://bloximages.newyork1.vip.townnews.com/thecentersquare.com/content/tncms/assets/v3/editorial/e/b8/eb8b6bb4-6891-11ef-aff7-7f54866cf622/66d4ba11e9184.image.jpg?resize=1200%2C857 1200w)
A border patrol agent at the northern border in the Swanton sector
The Biden-Harris administration continues to maintain U.S. borders are secure and numbers are down compared to the Trump administration, a claim fact-checked as false by The Center Square.
In one Derby, Vermont, local news report, residents described how “at all hours of the day,” illegal foreign nationals cross their backyards having come from Canada to illegally enter the U.S. They’ve shared similar experiences on a much smaller scale as those living in rural border counties of Texas, The Center Square has reported. In Texas, illegal border crossers total in the millions under the Biden-Harris administration, prompting 55 Texas counties to declare an invasion and 60 to issue disaster declarations citing the border crisis.
Like those at the southwest border, those at the northern border describe how home surveillance video captures foreign nationals trespassing on private property, next to their homes, in the middle of the night to be picked up by someone nearby. Border Patrol agents have warned residents “not to interfere because they may have weapons. They want to get through, they’re going to have nobody stopping them,” WCAX 3 News reported.
They are describing gotaways, those who illegally enter between ports of entry, don’t make asylum or immigration claims, and intentionally seek to evade capture. Many have criminal records and are armed and dangerous, authorities have told The Center Square. They total at least two million nationwide since fiscal 2021, the greatest number in recorded history, The Center Square first reported.
While the Swanton Sector has borne the brunt, the entire northern border has reported record illegal entries and apprehensions, totaling 162,865 so far this fiscal year. That’s after the greatest number of nearly 190,000 was apprehended at the northern border in U.S. history in fiscal 2023, according to CBP data.
Illegal entries continue to skyrocket at the northern border as both U.S. and Canadian officials have expressed alarm about terrorist threats, The Center Square reported.
Nearly 1,100 known or suspected terrorists attempting to enter the U.S. from Canada were apprehended at the northern border since fiscal 2021 by CBP and Border Patrol agents. Nationwide, the total number of KSTs apprehended since fiscal 2021 is over 1,700, the highest on record, The Center Square first reported.
Despite some Canadian officials telling The Center Square, “The Canada-U.S. border is the best-managed and most secure border in the world,” members of Congress, U.S. officials and some Canadian officials don’t agree.
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