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

Court attempts to halt Trump deportations, El Salvador president says ‘too late’

Published on

From The Center Square

By

A class action lawsuit was filed on Saturday against the Trump administration after President Donald Trump signed an executive order invoking the Enemy Aliens Act to target, arrest and remove violent Venezuelan prison gang members, Tren de Aragua (TdA), from the U.S.

The lawsuit was filed by the American Civil Liberties Union Foundation on behalf of five Venezuelans illegally in the country who were detained in Texas and New York. The lawsuit was filed in U.S. District Court for the District of Columbia.

On Saturday, nearly 300 violent illegal foreign nationals were removed from the U.S. and arrived in El Salvador with the cooperation of El Salvadoran president Nayib Bukele after reaching an agreement with Secretary of State Marco Rubio.

“The first 238 members of the Venezuelan criminal organization, Tren de Aragua, arrived in our country,” Bukele said in a post on X. “They were immediately transferred to CECOT, the Terrorism Confinement Center, for a period of one year (renewable).”

El Salvador also received 23 MS-13 gang members from the U.S. who were wanted by Salvadoran authorities, Bukele said. They include two ringleaders, one of whom “is a member of the criminal organization’s highest structure.” Those sent to El Salvador by the U.S. will help Bukele’s government “finalize intelligence gathering and go after the last remnants of MS-13, including its former and new members, money, weapons, drugs, hideouts, collaborators and sponsors.

“As always, we continue advancing in the fight against organized crime. But this time, we are also helping our allies, making our prison system self-sustainable, and obtaining vital intelligence to make our country an even safer place. All in a single action. May God bless El Salvador, and may God bless the United States,” he said.

The U.S. government is paying a small fee to detain them, Bukele said, and the prison is also making money because it requires inmates to work. These additional inmates, “combined with the production already being generated by more than 40,000 inmates engaged in various workshops and labor under the Zero Idleness program, will help make our prison system self-sustainable,” he said, noting that it costs $200 million a year to maintain.

In response, Rubio thanked Bukele saying, “El Salvador has agreed to hold the violent criminals “in their very good jails at a fair price that will also save our taxpayer dollars. President Nayib Bukele is not only the strongest security leader in our region, he’s also a great friend of the U.S.”

In an emergency hearing held on Saturday, a federal judge ruled that deportations of violent Venezuelans be temporarily halted and those who were illegally in the country and already removed be returned. The ACLU said the order blocked the administration “from deporting anyone under the Alien Enemies Act while the case proceeds. Flights carrying Venezuelan immigrants the DHS attempted to deport have been ordered to turn around and return to the U.S.”

A U.S. federal judge has no jurisdiction over foreign governments.

In response, Bukele posted on X, “Oopsie … Too late,” with a laughing emoji.

Bukele also posted videos and pictures of them arriving in El Salvador in handcuffs. The video shows them being met by El Salvadoran military wearing riot gear and transported in armored vehicles to CECOT. The videos depict El Salvadoran officials lifting up their shirts to show tattoos of gang member affiliation, officials shaving the heads of kneeling inmates and their admittance as CECOT inmates.

Cooperation between the U.S. and El Salvador expanded under Trump and Rubio, representing a reversal of Biden administration policy that used taxpayer money and planes to transport illegal foreign nationals into the U.S.

Trump has been aggressively targeting of TdA after a record more than 1 million Venezuelans illegally entered the U.S. under the Biden administration, including TdA members expanding operations in at least 22 states, The Center Square first reported.

Under the Trump administration, Venezuelan repatriation flights also began, paid for by the Venezuelan government, negotiated by the Trump administration, The Center Square reported.

Continue Reading

illegal immigration

“The Invasion of our Country is OVER”: Trump reports lowest illegal crossings in history

Published on

MXM logo MxM News

Quick Hit:

President Donald Trump announced on Saturday that illegal immigrant apprehensions at the southern border plummeted to just 8,326 in February—marking a historic low. In a Truth Social post, Trump declared, “The Invasion of our Country is OVER,” crediting his administration’s tough enforcement measures for the drastic reduction.

Key Details:

  • The figure represents a staggering 96% drop from December 2023, when illegal crossings under Joe Biden’s administration peaked at 301,981.

  • Trump emphasized that those caught illegally entering the U.S. were “quickly ejected from our Nation or, when necessary, prosecuted for crimes against the United States of America.”

  • Trump credited executive action, including an emergency border declaration, military deployments, the end of birthright citizenship, and a crackdown on sanctuary cities, for the sharp decline in illegal entries.

Image

Diving Deeper:

President Trump’s first full month back in office saw a seismic shift in border security policy, leading to what he called “the lowest number of illegal border crossings in decades.” In a Truth Social post on Saturday, Trump highlighted the stark contrast between his administration and Biden’s, stating:

“This means that very few people came – The Invasion of our Country is OVER. In comparison, under Joe Biden, there were 300,000 Illegals crossing in one month, and virtually ALL of them were released into our Country. Thanks to the Trump Administration Policies, the Border is CLOSED to all Illegal Immigrants.”

Upon taking office, Trump signed multiple executive orders that significantly curtailed illegal immigration. These include reinstating policies that allow expedited removals, deploying U.S. troops to the southern border, resuming construction of the border wall, and ending Biden-era programs that facilitated migrant entry through humanitarian parole. Additionally, the Department of Homeland Security (DHS) reversed previous Biden restrictions on Immigration and Customs Enforcement (ICE), leading to a sharp uptick in interior enforcement.

According to DHS data obtained by Fox News Digital, ICE interior arrests skyrocketed by 137% in just three weeks, with 11,791 arrests recorded from Jan. 20th to Feb. 8th—compared to 4,969 during the same period in 2024. High-profile raids in sanctuary cities have also yielded thousands of arrests, including gang members and violent offenders.

The economic impact of Trump’s border policies is already being felt. Federal funds that had been allocated to house illegal immigrants in hotels, particularly in cities like New York, are being clawed back. A recent executive order directed all federal agencies to identify and cut off taxpayer-funded programs that benefit illegal immigrants.

Despite congressional gridlock preventing any new border legislation, Trump’s administration has relied solely on executive authority to crack down on illegal immigration. His message to potential border crossers remains clear: “Anyone who tries to illegally enter the U.S.A. will face significant criminal penalties and immediate deportation.”

Continue Reading

Trending

X