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

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.

Related Topics:#DailyCaller #IllegalImmigration #IowaSenateFile2340 #JasonHopkins #OklahomaHouseBill4156 #TexasSenateBill4

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illegal immigration

Trump signs executive order cutting off taxpayer-funded benefits for illegal aliens

Published on February 20, 2025

Todayville

MxM News

Quick Hit:

President Donald Trump signed an executive order Wednesday night barring illegal immigrants from receiving federally funded benefits, a move he says will ensure taxpayer dollars are reserved for American citizens in need.

Key Details:

The order directs federal agencies to identify and cut off benefits to illegal immigrants.
Trump argues the Biden administration “undermined” federal law and improperly expanded benefits to non-citizens.
The Department of Government Efficiency (DOGE), led by Elon Musk, is tasked with reviewing all federal funding sources for illegal aliens.
The order mandates stricter eligibility verification systems and calls for improper payments to be referred to the DOJ and DHS.

Diving Deeper:

President Donald Trump took executive action Wednesday night to block illegal immigrants from receiving taxpayer-funded federal benefits, calling the move necessary to uphold the rule of law and protect resources for American citizens, including veterans and individuals with disabilities.

In signing the order, Trump pointed to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which was supposed to bar most illegal immigrants from accessing government benefits. However, he argued that multiple administrations—especially President Joe Biden’s—had worked to “undermine” these restrictions, effectively allowing taxpayer funds to support illegal immigration.

“The Biden administration repeatedly undercut the goals of that law, resulting in the improper expenditure of significant taxpayer resources,” Trump said. He further asserted that these benefits had acted as a “magnet” for illegal immigration, drawing more people across the border unlawfully.

The order directs the heads of all federal agencies to identify programs that currently allow illegal aliens to receive taxpayer-funded benefits and to take “all appropriate actions” to bring them in line with federal law. It also aims to prevent federal funds from subsidizing sanctuary policies, which shield illegal immigrants from deportation.

One of the most significant aspects of the order is the role of the Department of Government Efficiency (DOGE), a relatively new federal agency led by billionaire entrepreneur Elon Musk. DOGE is tasked with reviewing all sources of federal funding for illegal immigrants and recommending additional measures to align spending with Trump’s directive. Trump has praised Musk and DOGE for cutting through bureaucratic resistance to implement his policies.

Additionally, the order calls for enhanced eligibility verification systems to prevent illegal immigrants from obtaining benefits in the first place. Federal agencies are also required to refer any improper payments to the Department of Justice and the Department of Homeland Security for further action.

The move is the latest in Trump’s aggressive crackdown on illegal immigration, a central issue of his presidency and his 2024 re-election campaign. With a focus on border security, ending sanctuary policies, and tightening federal spending, Trump’s executive order represents yet another step in his administration’s effort to reverse the policies of his predecessor and enforce strict immigration laws.

Crime

Cartel threats against border agents include explosives, drones

Published on February 18, 2025

Todayville

MxM News

Quick Hit:

Cartels are intensifying their threats against U.S. Border Patrol and ICE agents, employing increasingly sophisticated tactics, including drones, wireless tracking devices, and potential explosive attacks. As President Donald Trump strengthens border security measures, agents face growing dangers both at and beyond the southern border. Experts warn that these threats are an effort to counteract the administration’s immigration enforcement policies.

Key Details:

Cartels are using drones and wireless tracking to monitor and potentially attack Border Patrol and ICE agents.
The discovery of a security risk tied to body cameras has led CBP to suspend their use to prevent agents from being tracked.
Leaks of ICE raids pose additional threats, increasing the risk of ambushes against agents conducting enforcement operations.

Diving Deeper:

Cartels along the U.S.-Mexico border are becoming more aggressive as President Trump enforces stricter immigration policies, with reports indicating that border agents are facing an escalating range of security threats. Fox News reports that Mexican cartels are leveraging new technology to track and potentially harm Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) agents.

Lora Ries, director of the Heritage Foundation’s Border Security and Immigration Center, emphasized that cartels are feeling the pressure from Trump’s border policies and are resorting to dangerous countermeasures. “The cartels are losing business. The encounters at the border are the lowest they’ve been in decades, and the cartels are not just going to give up that business quietly,” Ries told Fox News.

Among the threats agents face are drones used for surveillance, gunfire from across the border, and even the possibility of improvised explosive devices (IEDs). A recent internal memo warned that cartels might be planning to use snipers positioned in Mexico to attack U.S. agents. Additionally, agents are now vulnerable to tracking through wireless technology, prompting CBP to suspend the use of body-worn cameras after a social media post revealed they could be exploited via Bluetooth scanning apps.

The suspension of body cameras has raised concerns about increased false claims against border agents. Ries warned that “the number of claims of abuse are about to jump to exploit this lack of camera use,” underscoring the challenges agents will face without recorded footage of their encounters.

Beyond external threats from cartels, agents must also contend with internal security risks. Leaks about upcoming ICE raids have made enforcement operations more dangerous, potentially exposing agents to ambushes. Ries noted, “That subjects ICE agents to an ambush… Worse would be if aliens stay here and attack ICE agents, that is a risk.”

To counter these threats, border security experts stress the need for increased congressional funding to provide CBP and ICE agents with enhanced technology, equipment, and manpower. Ries urged lawmakers to act swiftly, stating, “Congress needs to hurry up” to ensure agents have the necessary resources to carry out Trump’s mass deportation efforts and secure the southern border.

As cartels escalate their tactics in response to Trump’s immigration policies, the safety of border agents remains a growing concern, highlighting the urgent need for stronger enforcement and security measures.