Connect with us

illegal immigration

Biden And Red States Are On Immigration Collision Course Heading For Supreme Court

Published

8 minute read

From the Daily Caller News Foundation

By JASON HOPKINS

 

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 Goettelsenior 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.

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

illegal immigration

US Notes 2.5 million illegals out and counting

Published on

MXM logo MxM News

President Trump’s Department of Homeland Security is marking what officials are calling a landmark moment in U.S. immigration enforcement, announcing Wednesday that more than 2.5 million illegal aliens have now left the country since Trump returned to the Oval Office in January. DHS Secretary Kristi Noem said the surge reflects a sweeping, sustained crackdown driven by Immigration and Customs Enforcement teams that — according to internal tallies — have already removed more than 605,000 illegal aliens, most of whom were facing criminal charges or carrying prior convictions. Nearly two million more have opted to self-deport, a wave Noem attributes to stepped-up enforcement and the administration’s aggressive public messaging. She again urged those still in the country illegally to use the government’s CBP Home app, which offers a free one-way flight and a $1,000 stipend to expedite departure.

Senior DHS officials say arrests have climbed as well, with almost 600,000 illegal aliens taken into custody since January 20. “Illegal aliens are hearing our message to leave now,” DHS official McLaughlin said this week. “They know if they don’t, we will find them, we will arrest them, and they will never return.”

The administration argues the impact is being felt far beyond immigration courts and detention facilities, pointing to the U.S. housing market as one of the clearest signs of change. For six straight months, DHS says not a single illegal alien has been released into the interior from the southern border — a dramatic shift after years of mass inflows under President Biden. That decline, they say, is finally filtering into rent and home-price data after years of punishing increases.

Housing and Urban Development Secretary Scott Turner said Americans have now seen four consecutive months of rent decreases — the first sustained drop in years — as fewer illegal aliens compete for housing. Vice President JD Vance emphasized the connection even more bluntly: “The connection between illegal immigration and skyrocketing housing costs is as clear as day. We are proud to be moving in the right direction. Still so much to do.”

Research abroad and at home backs up the administration’s argument. Economists in Denmark released findings earlier this year showing that a one-percentage-point rise in local immigration over a five-year period drove private rental prices up roughly 6 percent and home prices up about 11 percent. The Center for Immigration Studies presented similar data to Congress last year, with researcher Steven Camarota testifying that a 5-percentage-point increase in a metro area’s recent-immigrant share was tied to a 12-percent rise in rent for U.S.-born households.

As DHS leaders frame it, Trump’s second-term enforcement machine is reshaping both border policy and household budgets — an approach they say is finally delivering relief to Americans who spent years squeezed by soaring housing costs and unchecked migration.

Continue Reading

illegal immigration

EXCLUSIVE: Canadian groups, First Nation police support stronger border security

Published on

First Nation police chiefs join Texas Department of Public Safety marine units to patrol the Rio Grande River in Hidalgo County, Texas. L-R: Dwayne Zacharie, President of the First Nations Chiefs of Police Association, Ranatiiostha Swamp, Chief of Police of the Akwesasne Mohawk Territory, Brooks County Sheriff Benny Martinez, Jamie Tronnes, Center for North American Prosperity and Security, Goliad County Sheriff Roy Boyd. Photo: Bethany Blankley for The Center Square 

From The Center Square

By

Despite Canadian officials arguing that the “Canada-U.S. border is the best-managed and most secure border in the world,” some Canadian groups and First Nation tribal police chiefs disagree.

This week, First Nation representatives traveled to Texas for the first time in U.S.-Canadian history to find ways to implement stronger border security measures at the U.S.-Canada border, including joining an Operation Lone Start Task Force, The Center Square exclusively reported.

Part of the problem is getting law enforcement, elected officials and the general public to understand the reality that Mexican cartels and transnational criminal organizations are operating in Canada; another stems from Trudeau administration visa policies, they argue.

When it comes to public perception, “If you tell Canadians we have a cartel problem, they’ll laugh at you. They don’t believe it. If you tell them we have a gang problem, they will absolutely agree with you 100%. They don’t think that gangs and cartels are the same thing. They don’t see the Hells Angels as equal to the Sinaloa Cartel because” the biker gang is visible, wearing vests out on the streets and cartel operatives aren’t, Jamie Tronnes, executive director of the Center of North American Prosperity and Security, told The Center Square in an exclusive interview.

The center is a US-based project of the MacDonald-Laurier Institute, the largest think tank in Canada. Tronnes previously served as a special assistant to the cabinet minister responsible for immigration and has a background in counterterrorism. She joined First Nation police chiefs to meet with Texas law enforcement and officials this week.

Another Canadian group, Future Borders Coalition, argues, “Canada has become a critical hub for transnational organized crime, with networks operating through its ports, banks, and border communities.” The Sinaloa and Jalisco New Generation Mexican cartels control the fentanyl, methamphetamine and cocaine business in Canada, partnering with local gangs like the Hells Angels and Chinese Communist Party (CCP)-linked actors, who launder profits through casinos, real estate, and shell companies in Vancouver and Toronto, Ammon Blair, a senior fellow at the Texas Public Policy Foundation, and others said at a coalition event prior to First Nation police chiefs and Tronnes coming to Texas.

“The ’Ndrangheta (Italian Mafia) maintains powerful laundering and import operations in Ontario and Quebec, while MS-13 and similar Central American gangs facilitate human smuggling and enforcement. Financial networks tied to Hezbollah and other Middle Eastern groups support laundering and logistics for these criminal alliances,” the coalition reports.

“Together, they form interconnected, technology-driven enterprises that exploit global shipping, cryptocurrency, and AI-enabled communications to traffic whatever yields profit – narcotics, weapons, tobacco, or people. Taking advantage of Canada’s lenient disclosure laws, fragmented jurisdictions, and weak cross-border coordination, these groups have embedded themselves within legitimate sectors, turning Canada into both a transit corridor and safe haven for organized crime,” the coalition reports.

Some First Nation reservations impacted by transnational crime straddle the U.S.-Canada border. One is the Akwesasne Mohawk Reservation, located in Ontario, Quebec, and in two upstate New York counties, where human smuggling and transnational crime is occurring, The Center Square reported. Another is the Tsawwassen First Nation (TWA) Reservation, located in a coastal region south of Vancouver in British Columbia stretching to Point Roberts in Washington state, which operates a ferry along a major smuggling corridor.

Some First Nation reservations like the TWA are suffering from CCP organized crime, Tronnes said. Coastal residents observe smugglers crossing their back yards, going through the reserve; along Canada’s western border, “a lot of fentanyl is being sent out to Asia but it’s also being made in Canada,” Tronnes said.

Transnational criminal activity went largely unchecked under the Trudeau government, during which “border security, national security and national defense were not primary concerns,” Tronnes told The Center Square. “It’s not to say they weren’t concerns, but they weren’t top of mind concerns. The Trudeau government preferred to focus on things like climate change, international human rights issues, a feminist foreign policy type of situation where they were looking more at virtue signaling rather than securing the country.”

Under the Trudeau administration, the greatest number of illegal border crossers, including Canadians, and the greatest number of known, suspected terrorists (KSTs) were reported at the U.S.-Canada border in U.S. history, The Center Square first reported. They include an Iranian with terrorist ties living in Canada and a Canadian woman who tried to poison President Donald Trump, The Center Square reported.

“Had it been a priority for the government to really crack down and provide resources for national security,” federal, provincial and First Nation law enforcement would be better equipped, funded and staffed, Tronnes said. “They would have better ways to understand what’s really happening at the border.”

In February, President Donald Trump for the first time in U.S. history declared a national emergency at the northern border and ordered U.S. military intervention. Months later, his administration acknowledged the majority of fentanyl and KSTs were coming from Canada, The Center Square reported.

Under a new government and in response to pressure from Trump, Canada proposed a $1.3 billion border plan. However, more is needed, the groups argue, including modernizing border technology and an analytics infrastructure, reforming disclosure and privacy rules to enable intelligence sharing, and recognizing and fully funding First Nation police, designating them as essential services and essential to border security.

“National security doesn’t exist without First Nation policing at the border,” Dwayne Zacharie, First Nations Chiefs of Police president, told The Center Square.

Continue Reading

Trending

X