during a hearing last week<\/u><\/a> to review the stay.<\/p>\n\n\n\n\u201cIt\u2019s modest because it mirrors federal law. It\u2019s important because it helps address what even the president has called a border crisis.\u201d <\/p>\n\n\n\n
But that runs counter to guidance from a court that has often determined that the government must speak with one voice on immigration.<\/p>\n\n\n\n
\u201cIt\u2019s playing chicken on state and federal preemption in immigration law,\u201d said Kathleen Campbell Walker, an immigration attorney and former president of the American Immigration Lawyers Association.<\/p>\n\n\n\n
Campbell Walker called immigration \u201can area of law that is so regulated by the federal government, that that area has basically been ruled off-limits for the state,\u201d given its impact on international relation issues and that it also touches on the Commerce Clause.<\/p>\n\n\n\n
But the bill raises other legal and logistical challenges, as well.<\/p>\n\n\n\n
The law ignores the rights of migrants to seek asylum, even if they have crossed the border between ports of entry.<\/p>\n\n\n\n
\u201cThere are conventions that the U.S. is a party to that require that review. Texas is saying, \u2018We don\u2019t have to worry about that,\u2019\u201d Campbell Walker said.<\/p>\n\n\n\n
And Texas also plans to simply drop migrants at the border, regardless of their country of origin and whether Mexico will accept them.<\/p>\n\n\n\n
A blistering statement from the government of Mexico highlights the real world roadblocks Texas will face if it ever gets a chance to implement the law, while noting the Mexican government\u2019s own plans to raise the issue in court.<\/p>\n\n\n\n
\u201cMexico categorically rejects any measure that allows state or local authorities to exercise immigration control, and to arrest and return nationals or foreigners to Mexican territory,\u201d its ministry of foreign affairs said in a statement.<\/p>\n\n\n\n
\u201cMexico reiterates its legitimate right to protect the rights of its nationals in the United States and to determine its own policies regarding entry into its territory. Mexico recognizes the importance of a uniform migration policy and the bilateral efforts with the United States to ensure that migration is safe, orderly and respectful of human rights, and is not affected by state or local legislative decisions. In this regard, Mexico will not accept, under any circumstances, repatriations by the State of Texas.\u201d<\/p>\n\n\n\n
Mexico went on to chastise Texas for passing legislation that could \u201cgive rise to hostile environments in which the migrant community is exposed to hate speech, discrimination and racial profiling.\u201d<\/p>\n\n\n\n
Mexico submitted its own amicus brief with the 5th Circuit, arguing SB 4 violated its rights as a sovereign nation as well as the rights of the federal government.<\/p>\n\n\n\n
\u201cIt\u2019s one thing to ask the Mexican government to accept Mexican citizens. It\u2019s a whole other thing to ask them to clip citizens from any random country in the world. And that\u2019s exactly what SB 4 does,\u201d Garc\u00eda Hern\u00e1ndez said.<\/p>\n\n\n\n
\u201cThat\u2019s the kind of thing that is very rare, historically, for a country to accept somebody else\u2019s citizen, simply because the United States doesn\u2019t want them in the United States. And that complication is true whether it\u2019s the federal government or state government that\u2019s making the request.\u201d<\/p>\n\n\n\n
SB 4 carries stiff penalties for those presumed to have crossed the border, including six months in jail or two years or more for a second offense. <\/p>\n\n\n\n
But it\u2019s sparked concern that anyone who can\u2019t immediately prove they are a citizen could be arrested if there\u2019s probable cause they crossed the border. <\/p>\n\n\n\n
\u201cWe have a plan B, which is to prepare to educate the community, if it becomes a law, on knowing your rights,\u201d said Domingo Garcia, president of the League of United Latin American Citizens.<\/p>\n\n\n\n
\u201cYou have a right to remain silent and not answer any questions regarding your immigration status. You have the right to a lot, you have the right to an attorney if they want to deport you or want you to sign deportation documents.\u201d<\/p>\n\n\n\n
Regardless of how Texas fares in its legal battle, Garc\u00eda Hern\u00e1ndez said the state has succeeded in one of its goals.<\/p>\n\n\n\n
\u201cEven if ultimately, Texas loses the legal fight, they\u2019re very clearly winning the political fight. By busing migrants to big cities controlled by Democrats all over the country, [Texas Gov.] Greg Abbott (R) has really shifted conversation about immigration policy and split Democrats from one another,\u201d he said.<\/p>\n\n\n\n
That includes getting some big city Democratic mayors to criticize Biden to even shifting \u201cthe tone of the rhetoric that is coming from President Biden and as well as the policies that his administration is implementing.\u201d<\/p>\n\n\n\n
Thehill<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"The whiplash created by rapid-fire court orders is sparking alarm over whether a Texas law clearing the way for state and local authorities to carry out immigration enforcement will be allowed to stand. A whirlwind 24 hours in the courts for SB 4, the controversial Texas measure, ended with the 5th Circuit Court of Appeals […]<\/p>\n","protected":false},"author":5,"featured_media":25361,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[1327,1214,2792,1298],"class_list":["post-25360","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","tag-border","tag-immigration","tag-law-enforcement","tag-texas"],"_links":{"self":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/25360","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=25360"}],"version-history":[{"count":1,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/25360\/revisions"}],"predecessor-version":[{"id":25362,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/posts\/25360\/revisions\/25362"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=\/wp\/v2\/media\/25361"}],"wp:attachment":[{"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25360"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25360"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ustower.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25360"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}