illegal immigration
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.
Daily Caller
Smugglers Reportedly Telling Migrants To Hoof It Toward Border Before Trump Takes Office
From the Daily Caller News Foundation
Human smugglers are reportedly urging migrants to rush into the United States before President-elect Donald Trump comes back into power, according to the Wall Street Journal
Migrants across Latin America are being told by smugglers that the time is now to reach the U.S. southern border before Trump enters office and embarks on his hardline immigration agenda, according to a report by the WSJ. Officials on the U.S. side of the southern border told the Daily Caller News Foundation that they are bracing for the possibility of a last-minute migrant surge before inauguration day.
“I am deeply concerned about the potential for a surge at our southern border as we near the end of President Biden’s term,” San Diego County Supervisor Jim Desmond, who represents a district by the California-Mexico border, stated to the DCNF. “With the Trump Administration signaling that it will prioritize stricter immigration enforcement, many individuals seeking to enter the U.S. illegally are likely to try to do so before those policies are enacted.”
“Right now, we are already seeing 800 to 1,000 people entering our region daily, creating a massive strain on our resources, services, and communities,” Desmond continued. “The influx is overwhelming local infrastructure and endangering the well-being of residents.”
Close to the Darien Gap — a vast jungle region spread across the Panama and Colombia border where thousands of U.S-bound migrants cross every year — migrants were told by a smuggler that he anticipates more deportations under the Trump administration, according to a WhatsApp group message reviewed by the WSJ.
“There were four WhatsApp groups in which hundreds of migrants coordinated their departure on U.S. election day,” Luis Villagrán, a Mexican migrant advocate who helps organize caravans in Tapachula, told the WSJ.
“As soon as Trump’s victory became clear, messages spreading fear began to appear,” Villagrán said.
In a statement to the DCNF, a Customs and Border Protection (CBP) spokesperson said the agency is remaining vigilant to ever-changing migration patterns, and urged migrants to “not believe the lies” of smugglers.
“The fact remains: the United States continues to enforce immigration law. Individuals who enter the U.S. unlawfully between ports of entry will continue to be quickly removed,” the CBP spokesperson said.
Upon entering office, President Joe Biden undertook 296 executive actions on immigration, with 89 of those orders specifically reversing or beginning the process of reversing Trump’s immigration policies. The Biden-Harris administration went on to undo a number of major Trump-era initiatives concerning border security, such as ending border wall construction and shutting down the Remain in Mexico program.
The aftermath was a historic flow of illegal immigration across the southern border. The number of illegal border crossings in fiscal year 2024 were the second worst in U.S. history — only surpassed by fiscal year 2023, according to data tracked by CBP.
There were about 8.5 million migrant encounters along the U.S.-Mexico border during the four fiscal years of the Biden-Harris administration.
Trump, who is set to return to office in January, was very clear about his immigration enforcement platform while on the campaign trail.
The president-elect has pledged to continue building the U.S.-Mexico border wall, revive the Remain in Mexico program, hire more border patrol agents and embark on the “largest deportation program in American history.” He has also pledged to put an end to birthright citizenship for those born on U.S. soil by illegal migrant parents.
The incoming administration appears poised to follow through this hardline agenda given the picks so far to lead top immigration enforcement roles. The White House transition team has tapped former Immigration and Customs Enforcement acting director Tom Homan to serve as border czar, Stephen Miller to serve as deputy chief of staff for policy and South Dakota Gov. Kristi Noem to lead the Department of Homeland Security.
Human smugglers and migrants south of the border appear to be paying attention to the American political scene. At least some migrants are now reportedly ditching the idea of booking an asylum appointment with U.S. officials and joining northbound caravans to the border.
“More than 20 friends decided not to wait for an appointment and joined the caravan,” Alfonso Meléndez, a 24-year-old Venezuelan national who arrived in southern Mexico in late September, stated to the WSJ.
“I’m very worried that they will throw us out when Trump takes office,” he continued.
Daily Caller
Mayor of Chicago Vows To Fight Trump’s Immigration Crackdown As Notorious Venezuelan Gang Takes Root In His City
From the Daily Caller News Foundation
Democrat Mayor Brandon Johnson on Tuesday vowed to fight the incoming Trump administration’s plans to crack down on illegal immigration and sanctuary cities, even as the city struggles with its own presence of migrant gang crime.
When asked if he was prepared to resist President-elect Donald Trump’s preparations to deploy “a squad” of Immigration and Customs Enforcement (ICE) agents to sanctuary cities like Chicago and attempts to withhold federal funds from sanctuary governments, Johnson reaffirmed his commitment to local laws that prevent cooperation with immigration enforcement authorities. The comments came despite recent reports indicating organized migrant crime has been hitting the Windy City, particularly from Tren de Aragua, an international crime syndicate originating from Venezuela.
“We’re going to defend the people of this city because, look, his attack — let’s be very clear — the president-elect, former President Trump, his threat is not just toward new arrivals and undocumented families,” Johnson said. “His threats are also against black families.”
“We’re going to stand up and protect undocumented individuals,” the mayor went on, and continued to make a connection between immigration enforcement and racial animus.
The mayor’s comments were in reaction to former ICE director Tom Homan, who has been tapped by the president-elect to serve as “border czar” for the upcoming administration. In his announcement of the appointment, Trump said Homan would be in charge of all deportations of illegal migrants.
“If you are not going to help us, get the hell out of the way because we’re gonna do it,” Homan said on Monday in his first interview since his appointment, speaking on expected pushback from anti-ICE politicians. “So, if we can’t get assistance in New York City, we may have to double the number of agents we send in New York City.”
“We are going to do the job,” Homan continued. “Sanctuary cities are sanctuaries for criminals.”
Law enforcement authorities confirmed in September that Tren de Aragua members have been arrested in Cook County — where Chicago is located — on weapons and narcotics charges, and internal emails obtained from the Cook County Sheriff’s office confirmed that members of the Venezuelan gang are in the city, according to NBC Chicago. The arrival of Tren de Aragua — which has coincided with Chicago’s own migrant crisis — has been linked to a rise in crime and has led to concerns of an impending turf war between their members and local gangs in the city, according to Fox 32.
The Chicago Police Department has arrested at least 30 suspected Tren de Aragua members between January 2023 and September of this year, documents obtained by the New York Post indicate.
Chicago officials have welcomed in at least 43,000 migrants since August 2022 and have so far spent around $150 million to house and feed them, amid the border crisis that began under the Biden-Harris administration. Many of the foreign nationals are from Venezuela and have largely been bussed into the city by Texas Gov. Greg Abbott as he has sought to relieve his own state.
A growing number of Democratic politicians, such as the mayor of Los Angeles and a slate of governors across the country, have also declared their opposition to Trump’s hardline immigration agenda.
Johnson’s office did not immediately respond to a request for comment from the Daily Caller News Foundation.
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