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illegal immigration

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

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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.

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Los Angeles Passes ‘Sanctuary City’ Ordinance In Wake Of Trump’s Deportation Plan

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From the Daily Caller News Foundation 

By Jason Hopkins

The Los Angeles City Council approved an ordinance Tuesday designating the city as a “sanctuary city” following President-elect Donald Trump’s mass deportation plan.

This measure prevents the use of local resources for immigration enforcement and prohibits city agencies from sharing information about undocumented residents with federal immigration authorities, according to The Associated Press. The council voted unanimously, aligning Los Angeles with numerous cities across the U.S. that have adopted similar policies.

The ordinance will undergo a second council vote for procedural reasons as Mayor Karen Bass, who has expressed support for the initiative, holds veto power but is unlikely to use it, AP reported. Councilmember Hugo Soto-Martinez pointed out the city’s firm stance against cooperating with Immigration and Customs Enforcement (ICE).

“We’re going to send a very clear message that the city of Los Angeles will not cooperate with ICE in any way,” Soto-Martinez said. “We want people to feel protected and be able to have faith in their government and that women can report domestic violence crimes.”

Soto-Martinez also noted that many immigrants without legal status are integral to the community, working in roles such as housekeepers, nannies, and cooks, AP reported. While the ordinance highlights the city’s values, critics argue that Los Angeles already refrains from cooperating with federal immigration agencies, suggesting the policy may not bring significant operational changes.

Trump announced that former acting ICE Director Tom Homan will take on the role of border czar in his upcoming administration. Homan will oversee border operations, including deportations, security at land and sea entry points, and aviation safety measures.

Trump revealed Monday that he plans to declare a national emergency and deploy military resources to execute his mass deportation agenda. He confirmed reports from Judicial Watch’s Tom Fitton, who claimed the administration is ready to use emergency powers to address what he called the “Biden invasion.”

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“I know three families that have gone to Canada.”: Locals Say Haitians Are Hoofing It Out Of Springfield After Trump Win

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From the Daily Caller News Foundation 

By Jason Hopkins

‘They Are Afraid’

Haitians living in Springfield, Ohio appear to be fleeing the city in droves after President-elect Donald Trump was declared the winner of the election, according to reports from locals.

The national spotlight shined on Springfield, a city of roughly 60,000 residents nestled in central Ohio, for weeks following unverified viral online claims that Haitians migrants had been spotted butchering a pet for consumption. The subsequent uproar about Springfield sparked further media debate about mass migration and its consequences, as Springfield has been dealing with an influx of Haitian migrants in a relatively short amount of time.

“The traffic situation seems to be better now,” longtime resident Barron Seelig said to the Daily Caller News Foundation, referring to widespread accounts from city residents in past months that Haitian drivers are causing mayhem on the roads.

While Seelig did speak about local rumors of impending Immigration and Customs Enforcement (ICE) raids possibly scaring Haitians away, he also mentioned recent crackdowns by highway patrol officers and added that some migrants are leaving because they don’t enjoy the Ohio winters. Another Springfield local told the DCNF that he heard it was virtually impossible to rent a U-Haul truck because so many Haitians are currently renting them — presumably to leave town.

Those who provide services to immigrant services in the city have also said that Trump’s election victory has prompted Haitians to flee en masse.

“Some folks don’t have credit cards or access to the internet, and they want to buy a bus ticket or a plane ticket, so we help them book a flight,” Margery Koveleski, who helps Haitian migrants manage government bureaucracy, told The Guardian. “People are leaving.”

“People are fully aware of the election result, and that is why they are leaving; they are afraid of a mass deportation” Jason Payen, a co-founder of the Haitian Community Alliance, said to the Guardian.

“Several of my customers have left. One guy with his family went to New Jersey; others have gone to Boston,” Payen continued. “I know three families that have gone to Canada.”

Trump, for his part, has vowed to embark on a border enforcement agenda that will apply to the entire country.

During the campaign, Trump pledged to continue building the U.S.-Mexico border wall, revive the Remain in Mexico program, hire more border patrol agents and conduct the “largest deportation program in American history,” and end birthright citizenship for those born on U.S. soil to illegal migrant parents.

Trump said in October that he would revoke Temporary Protected Status (TPS) for Haitian nationals and “bring them back” to the country. The Biden-Harris administration has provided TPS — which temporarily gives deportation protections to its designees — to hundreds of thousands of Haitian nationals currently living in the U.S.

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