By Jack Phillips of Epoch Times,
A federal judge on Thursday temporarily blocked a Texas law that grants state police the capacity to arrest people who are suspected of illegally crossing the U.S.–Mexico border.
The measure, called Senate Bill 4 and signed by Gov. Greg Abbott in December, was slated to go into effect on March 5, but U.S. District Judge David Ezra ruled that it violated the U.S. Constitution’s Supremacy clause that grants the federal government sole authority over immigration matters. The judge also rejected Texas’s arguments that it was being invaded under the Constitution’s Article IV.
In his order, Judge Ezra, a Reagan appointee, said the law would run afoul federal immigration laws and claimed Texas would then be able to “permanently supersede federal directives” and would “amount to nullification of federal law and authority.” According to the judge, that’s a “notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War.”
As a result, he argued, the federal government would “suffer grave irreparable harm” because other states would be inspired to pass similar measures. “SB 4 threatens the fundamental notion that the United States must regulate immigration with one voice,” he wrote.
At a Feb. 15 hearing, Judge Ezra expressed skepticism as the state pleaded its case for what is known as Senate Bill 4. He also said he was somewhat sympathetic to the concerns expressed by Mr. Abbott and other state officials about the unprecedented influx of illegal aliens. Judge Ezra then added that he feared the United States could become a confederation of states enforcing their own immigration laws.
“That is the same thing the Civil War said you can’t do,” he told the attorneys.
A lawyer for the state of Texas argued in court that due to the deluge of illegal immigrants, enabled by drug cartels and smugglers, it is tantamount to an invasion and that Texas has the right to defend itself under the Constitution.
But the judge said that while he is “sympathetic” to the state’s concerns, he appeared to be skeptical of the lawyer’s argument. “I haven’t seen, and the state of Texas can’t point me to any type of military invasion in Texas,” Judge Ezra said. “I don’t see evidence that Texas is at war.”
Mr. Abbott, a Republican, has backed the law, saying that it would compliment his efforts to provide better border security, noting that his state has dealt with a surge of illegal crossings in recent years. Other measures that Mr. Abbott has implemented are a barrier in the Rio Grande, razor wire barriers at certain border crossings, and prohibiting federal agents tasked by the Biden administration with undoing these measures from accessing border areas in Texas.
Other state Republicans who back the law have said it would not target immigrants already living in the U.S. because of the two-year statute of limitations on the illegal entry charge and would be enforced only along the state’s border with Mexico.
Civil rights groups, including the American Civil Liberties Union (ACLU), as well as other groups in favor of illegal immigration, have said they oppose the measure. A director at the American Gateways group told the Texas Tribune she believes the law is “based on xenophobia and racism,” while not making “our communities safer,” without elaborating.
Read the rest at The Epoch Times
