Biden keeps claiming that he wants to control the open border and he keeps proving it by repeatedly suing states trying to secure the border. The open borders regime has sued the former Arizona state governor for using shipping containers to block entry for illegals, it sued Texas for putting up barriers in the Rio Grande and now it’s threatening to sue Texas again for criminalizing illegal entry.
Texas recently passed a law turning illegal entry into a state crime and allowing the invaders to accept deportation to Mexico in lieu of prison.
Biden’s DOJ promptly dispatched a letter warning Texas not to follow immigration law and claiming that the federal government has sole authority over border security. The federal government does have authority over foreign relations, but in this case it’s treasonously chosen to keep the border open and allowing any invaders to enter and be released into the country. What’s the remedy for that? There’s impeachment but that was hopeless once the Senate was lost. States and cities have been left on their own and are doing their best.
SB4 in Texas doesn’t claim to secure national borders, just state ones. There’s a long history of state immigration laws, but in the late 19th century, the Supreme Court decided that immigration was a purely federal power.
And so here we are.
Texas is almost certain to lose this case.
Roberts isn’t going to switch his vote from Arizona v. United States. Don’t count on Kavanaugh, ACB and Gorsuch all joining in to kick over a century of federal supremacism to the curb here.
And they would all have to join.
Of course this raises a basic question. What if the federal government, for example, were to cede half of Texas to Mexico, what’s the recourse beyond civil war? The federal government can even more aptly claim that it has total power over foreign relations and that states have none. If Texas resists, the administration goes to the Supreme Court and says that Texas is interfering with its authority.
It’s absurd, but that is really what’s going on now.
Biden is insisting that he has total power and authority over immigration and he can let millions of invaders settle in the country if he chooses to.