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illegal immigration

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

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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.

illegal immigration

Trump to declare national emergency on border, issue executive orders

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From The Center Square

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After being sworn in as the 47th president of the United States, President Donald Trump said he will sign “a series of historic executive orders … to begin the complete restoration of America and the ‘Revolution of Common Sense.’”

The first action he will take will be to declare a national emergency at the U.S. southern border, he said. Trump did not mention the northern border, which saw an unprecedented number of illegal crossings, record number of terrorists entering the U.S., and increased national security threats under the Biden administration, The Center Square reported.

“All illegal entry will immediately be halted, and we will begin the process of returning millions and millions of criminal aliens back to the places from which they came,” Trump said. “We will reinstate my ‘Remain in Mexico’ policy. I will end the practice of catch and release. I will send troops to the southern border to repel the disastrous invasion of our country.”

Trump said he will designate Mexican cartels as Foreign Terrorist Organizations. The designation will also apply to violent transnational criminal organizations including the violent Venezuelan prison gang Tren de Aragua, which is now operating in at least 22 states, The Center Square reported.

By invoking the Alien Enemies Act of 1798, Trump will direct the federal government “to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to U.S. soil, including our cities and inner cities,” he said.

The act will be used to remove all cartel and gang members in the country illegally.

“As Commander in Chief, I have no higher responsibility than to defend our country from threats and invasions and that is exactly what I am going to do. We will do it at a level that nobody’s ever seen before,” he said.

Trump is expected to issue 10 executive orders Monday to implement border security measures. They include ending the Obama-era catch-and-release policy Trump ended in his first term, which former President Joe Biden reinstated. The policy led to more than 14 million foreign nationals illegally entering the country, including more than two million who evaded capture known as gotaways under the Biden administration, The Center Square exclusively reported.

Trump will reinstate a policy he created in his first term, Remain in Mexico, or “Migrant Protection Protocols” (MPP). It requires asylum seekers to wait outside the U.S. while their claims are processed. After the Biden administration sought to end it, Texas and Missouri sued. A federal judge ruled that ending the MPP was unlawful, The Center Square reported.

Trump will also direct federal agencies to finish building the border wall along the southwest border, completing a project he began in his first term. Biden halted border wall construction on his first day in office. Texas and Missouri again sued and won that lawsuit as well, The Center Square reported.policy

Another executive order will end parole programs for illegal border crossers created by former Department of Homeland Security Secretary Alejandro Mayorkas, who was impeached in part for creating them. Multiple attorneys general sued to stop them, arguing they were illegal.

The parole programs, including using a phone app, facilitated illegal entry into the U.S. for millions, including those with criminal records. Many released through the parole programs were later found to commit violent crimes against Americans, The Center Square reported.

Another will direct federal efforts to “crack down on criminal sanctuaries,” referring to so-called sanctuary jurisdictions. More than 200 were identified and already given notice to comply with federal law or face prosecution. Sanctuary cities expected to be targeted first include Boston, Chicago, Miami and New York.

Trump’s massive deportation efforts will be led by his Border Czar Tom Homan, who has said the priority is to find and locate the most violent criminals to process for removal.

Another executive order will suspend the federal so-called refugee resettlement program through which local communities nationwide “were forced to house large and unsustainable populations of migrants, straining community safety and resources,” Trump’s transition team said.

Trump will also direct members of the U.S. military, including the National Guard, to engage in border security operations, deploying them to the border to assist existing law enforcement personnel. According to a poll ahead of the election last year, the majority of Americans support U.S. troops being sent to the border, The Center Squarereported.

Another order will direct the Department of Justice to seek the death penalty for illegal border crossers who kill U.S. citizens, including law enforcement officers.

Last year, criminal illegal border crossers made international headlines after brutally assaulting and murdering American women and girls, The Center Square reported. Their mothers and family members endorsed Trump for president.

Another order will direct the Department of Homeland Security and other federal agencies to enhance vetting and screening processes after national security concerns were raised about the Biden administration flying illegal border crossers into the country who weren’t vetted, The Center Square reported.

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Daily Caller

Sweeping Deportations to Begin in Chicago Day After Inauguration

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From the Daily Caller News Foundation

By Jason Hopkins

President-elect Donald Trump is expected to launch his promised large-scale deportation operation the day after he is sworn into office, according to a report from The Wall Street Journal.

The incoming Trump administration will immediately begin mass deportation efforts in major sanctuary cities across the United States, with Chicago predicted to be first on the docket, according to The Wall Street Journal. The raid in Chicago is anticipated to begin Tuesday morning and last the entire week, with Immigration and Customs Enforcement (ICE) to deploy 100 to 200 agents to execute the operation.

Incoming border czar Tom Homan — who led ICE during the first Trump administration — previously told the Daily Caller News Foundation that the White House will focus on the “worst first,” prioritizing illegal migrants who have criminal histories and orders of removal. However, Homan also made clear that any illegal migrant in the U.S is fair game.

“Like the first Trump administration, we’re going to prioritize public safety threats, national security threats and fugitives,” Homan stated to the DCNF, adding that gang members and other criminals would be their main focus. “Those that had due process at great taxpayer expense, were given orders of deportation, never left and became a fugitive – them too, they’re a priority.”

“The ones who pose the biggest threat to the country – they come first. The worst first,” Homan went on. “But let’s be clear, if you’re in the country illegally, you’re not off the table.”

The Chicago City Council recently slapped down an attempt by two moderate aldermen to scale back the sanctuary city laws currently in place.

Aldermen Raymond Lopez and Silvana Tabares, both Democrats, proposed amending Chicago’s Welcoming City ordinance to allow for ICE cooperation when an illegal migrant has been arrested of certain criminal activities, arguing that such a policy would be a net benefit for the city’s immigrant community as it would allow deportation officers to better focus on criminals instead of making enforcement actions in the city at large. However, their proposal was quickly shot down by the council on Wednesday.

Other sanctuary cities in the U.S. have also expressed steep opposition to Trump’s enforcement agenda. Los Angeles passed its sanctuary law shortly after Trump emerged victorious in the presidential election, San Diego County doubled down on its existing law and Boston reaffirmed its sanctuary status in December.

Homan has said that city officials refusing to cooperate with ICE will not deter their agenda, and he added that those who knowingly harbor illegal migrants from law enforcement will be recommended for prosecution.

Along with large-scale deportation operations, Trump has also vowed to end birthright citizenship for those born on U.S. soil by illegal migrant parents, resume construction on the U.S.-Mexico border wall, bring back the Remain in Mexico program and implement other hawkish policies.

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