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    Legal Showdown: DOJ Challenges Texas Border Security Law, Igniting Constitutional Debate

    JimBy Updated: Whatfinger News 11 Mins Read

    Biden and the Democrats are determined to inundate all of America with illegals, to financially and criminally bring the whole system down. They are succeeding as of now. 

    Texas in Legal Battle with Biden Admin over Border Security Texas Attorney General Ken Paxton tells Charlie Kirk about the constant legal battle that Texas is in to secure the border: “If you’ve got an administration, like the Biden administration, that doesn’t respect the rule of law, that doesn’t respect the Constitution… if they’re not going to enforce any laws, why is it we are limited by federal preemption on a law they don’t enforce? It doesn’t make any sense.”

    The Department of Justice (DOJ) has taken legal action against the state of Texas, filing a lawsuit in an Austin federal court on January 3. The lawsuit targets Senate Bill 4 (SB 4), a recently enacted state law designed to enhance security along the southern border by granting expanded powers to law enforcement for the arrest, prosecution, and deportation of individuals crossing the U.S.-Mexico border illegally. Continued below this fast clip with Gov. Abbott

    Biden would rather sue Texas for our efforts to secure the border than enforce federal laws that would eliminate this crisis. Texas will not back down. We will continue to build new barriers, repel illegal crossings, and transport migrants to relieve overwhelmed communities.

    So, if Texas authorities watch human traffickers smuggle a boatload of people right in front of them across the river, they’re just supposed to let them enter our country illegally? Why do you defend this?- justsaying

    The lawsuit, brought by the DOJ on behalf of the United States federal government, including the Department of Homeland Security and the Department of State, names Governor Greg Abbott and Texas Department of Public Safety Director Steve McCraw as defendants.

    At the heart of the legal challenge is the argument that SB 4 is preempted by federal law, thereby violating the Supremacy Clause of the United States Constitution and the Foreign Commerce Clause. The legislation, introduced by Republican State Senator Charles Perry and sponsored in the House by Republican State Representative David Spiller, was passed by the Republican-controlled Texas legislature in November and signed into law by Governor Abbott in December.

    SB 4 makes it a state misdemeanor to illegally cross into Texas from Mexico at any location other than an authorized port of entry. It empowers state and local law enforcement officials to arrest suspected illegal immigrants, collect fingerprints, and conduct background checks. The legislation also allows judges to order some illegal immigrants to return to their country of origin instead of facing prosecution, provided that all identifying information is cross-referenced with criminal databases.  Continued below this fast clip…. Gaetz posted

    I’m currently in Eagle Pass, TX witnessing the intentional destruction of our Southern Border by the Biden administration. This video was sent to me by a Texas official. It shows how illegal aliens are being encouraged to invade our country while the fencing put up by Texas is cut open by @CBP. Under the corrupt orders of @SecMayorkas and Joe Biden, we will never see our border protected. But if this border is not shut down, then we must shut down the government. – Rep Matt Gaetz

    However, the misdemeanor charge can be elevated to a felony if the individual has prior convictions for two or more misdemeanors related to drugs, crimes against a person, or if they refuse to comply with the judge’s order to leave the United States. The maximum penalty for a misdemeanor is one year in prison, while a felony charge can result in a sentence of two to 20 years.

    Republicans argue that SB 4, set to take effect on March 5, is a necessary response to what they perceive as the mishandling of the ongoing immigration crisis by the Biden administration. Data from U.S. Customs and Border Protection reveals a record-setting 2.48 million encounters with illegal immigrants at the southern border in fiscal year 2023, and U.S. Immigration and Customs Enforcement estimates the number of non-detained illegal immigrants within the country to exceed 6 million. Continued below this fast clip Gov Abbott posted

    Mayorkas blames climate change for illegal immigration, not Joe Biden‘s open border policies. Biden is now suing Texas AGAIN for stepping up to stop illegal immigration. Time for the Biden Administration to stop the lawsuits and start to enforce federal immigration laws.

    In response to the lawsuit, Associate Attorney General Vanita Gupta stated, “SB 4 is clearly unconstitutional.” She emphasized that, according to the Supremacy Clause and Supreme Court precedent, states cannot enact immigration laws that interfere with the framework established by Congress.

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    The DOJ contends that SB 4 hinders the federal government’s ability to enforce entry and removal provisions of federal law and interferes with its conduct of foreign relations, referencing the Supreme Court’s decision in Arizona v. United States.

    SB 4 includes exceptions, such as prohibiting the arrest of immigrants on educational premises or in places of religious worship. It also allows suspects to provide evidence of legal residency during prosecution.

    The DOJ’s legal action follows a December lawsuit by civil rights groups, including the ACLU, ACLU of Texas, and the Texas Civil Rights Project, who argued that SB 4 is preempted by federal law and infringes upon the federal government’s authority under the U.S. Constitution to enforce immigration laws.

    Governor Abbott responded to the DOJ’s lawsuit, expressing confidence in the legality of SB 4. He asserted that Texas is the only government in the country actively working to stem illegal immigration, emphasizing the constitutional authority of the state to secure its borders.

    In recent years, Texas has allocated over $4 billion annually to address illegal immigration, deploying resources such as concertina wire and constructing steel border structures. Lt. Governor Dan Patrick highlighted the state’s significant expenditures on border security, emphasizing the necessity of addressing the challenges posed by illegal entry.

    Arizona built a shipping crate wall. Biden sued and got it taken down. Texas built a buoy wall in the river. Biden sued and got them removed. Texas built razor wires on the border. Biden sent agents and removed them. Texas passed a law to detain illegals. Biden is suing them to nullify the law. The only time Joe Biden takes action on the invasion is to block states from stopping it. – End Wokeness

    Texas Attorney General Ken Paxton echoed this sentiment, stating that SB 4 was created to counter the influx of illegal immigration facilitated by the Biden administration. He emphasized the state’s right to protect itself, signaling a determination to defend against legal challenges from both advocacy groups and the federal government.

    As legal proceedings unfold, the clash between Texas and the federal government over border security intensifies, raising critical constitutional questions regarding the balance of power between states and the federal government in matters of immigration enforcement.  The Biden Administration is doing all it can to destroy the United States via a completely open border. Each migrant is paid $2200 per month and all receive free cell phones so the government can contact them at will. What happens next year, when we have a due payment of minimum 451 BILLION dollars just to pay them? This is as of now, already built in…..?  Will the Deep State use the mass numbers of mostly fighting age men to create real problems in cities across America, in order to keep their welfare payments?

    I can see a plan unfolding right now, where the Marxists of the Deep State text all illegals, tell them all to vote and to not worry about the law, just as their NGOs did for Biden in 2020.  With an extra 15-20 million brought in by Biden, this number can most definitely affect the election. ‘Vote Biden, or the evil Trump will take your money and deport you’….  who else can see these evil people trying this, to topple the United States even faster?

    Major Points Discussed:

    • Desperation takes hold in the Biden Administration as they will not allow anyone to stop the flow of millions into the United States.
    • The Department of Justice (DOJ) has filed a lawsuit against Texas over Senate Bill 4 (SB 4), a new state law aimed at bolstering security along the U.S.-Mexico border.
    • The lawsuit argues that SB 4 is preempted by federal law, violating the Supremacy Clause and Foreign Commerce Clause of the United States Constitution.
    • SB 4, passed by the Republican-controlled Texas legislature, makes illegal border crossing a state misdemeanor, allowing law enforcement to arrest, fingerprint, and conduct background checks on suspected illegal immigrants.
    • The legislation introduces penalties ranging from one year in prison for misdemeanors to two to 20 years for felonies. Exceptions include prohibitions on arrests at educational and religious sites, and the option for suspects to prove legal residency during prosecution.
    • Republicans argue that SB 4 is a necessary response to the Biden administration’s handling of the immigration crisis, citing record-setting encounters at the southern border. Texas officials, including Governor Abbott and Attorney General Paxton, express determination to defend the state’s right to address illegal immigration.

    Robert McKay

    Comments – Threads – Links

    • I am very concerned that our country won’t make it to the next election. Thousands upon thousands of bad actors are already here with thousands more coming. An attempted takeover is going to happen. The question is will we be able to stop it?- ED WRATHER 1776 – PRAY FOR THE US
    • I am sure there is a plan, but definitely they are are playing a long game for 2030 Census, control of House, Senate, Electoral College, and to pack SCOTUS- Kevin Smith
    • It would be surreal if a court sided with flaming lawbreakers Biden and Mayorkas- UNC Tar Heel fan
    • The point is that this is an ongoing problem through multiple administrations. States cannot usurp Federal executive authority. Immigration is a Federal job. I get the Feds frequently make a mess of it, but they (TX) can’t do their (Feds) job by law or TX legislation…SCOTUS- D Verret

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