Federal Judge Stays Texas Law Giving Law Enforcement Broad Powers to Arrest Suspected Illegal Immigrants

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A federal judge has blocked the implementation of a Texas law that gives local police extended authority to arrest suspected illegal immigrants. U.S. District Judge David Ezra issued his ruling on February 29.

The law, Texas Senate Bill 4, provides limited immunity for law enforcement professionals who arrest or otherwise detain an illegal alien, said person identified in the law as follows:

A person who is an alien commits an offense if the person enters or attempts to enter this state directly from a foreign nation at any location other than a lawful port of entry.

The bill clarifies what is an illegal alien.

(a) A person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state after the person:
(1) has been denied admission to or excluded, deported, or removed from the United States; or
(2) has departed from the United States while an order of exclusion, deportation, or removal is outstanding.

(b) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a felony of the third degree if:
(A) the defendant’s removal was subsequent to a conviction for commission of two or more misdemeanors involving drugs, crimes against a person, or both(.)

In his ruling, Judge Ezra, who was appointed to the bench by former President Ronald Reagan, found the bill to be an attempt by Texas to supersede federal law. Judge Ezra also referred to a 2012 Supreme Court decision striking down some provisions of a 2010 Arizona anti-illegal immigration bill. Interestingly, the Supreme Court decision left the Arizona bill’s most contentious part intact. It states that when sufficient immediately gatherable evidence suggests anyone stopped for an offense, regardless of the initial offense’s nature, might be in the country illegally, law enforcement involved in the stop must inquire regarding the individual’s immigration status.

The ruling, which the state will doubtless appeal, is the latest in a long-running skirmish between Texas and the Biden administration regarding its refusal to close the border. As reported here today (February 29) by Sister Toldjah, Biden’s scheduled border visit is viewed as a desperate reelection PR stunt.

To reiterate a point made at the time, the reasons why Biden chose now and not last year or even before that to consider taking executive action to stem the flow of illegals are clear. He knows it’s an election year and that time is running out as far as a majority of voters are concerned for him to do the right thing. So to save face, he’s now contemplating doing things that he previously (and wrongly) stated he did not have the power to do. 

And the same holds true for this purported “border visit.”

It’s not an attempt to actually do anything meaningful about the situation he created. It’s an attempt at trying to get voters to see that he’s going through the motions in hopes that they’ll believe he’s Doing Something™ to fix the situation. The idea is to fool them long enough to win their votes in November, only to revert right back to the original positioning a few weeks later in the event he wins.

Also worth mentioning is Mike Miller’s reporting on how a recent survey of Hispanics living in Texas revealed sharp disapproval of how Biden is handling matters.

MOREStrong Words From Fed-Up Brownsville Residents, Border Patrol Union Ahead of Biden’s Border Photo-Op

Say It Ain’t So, Joe! Majority of Hispanic Texans Back State Building Own Wall, Sending Troops to Border

That the Biden administration’s open border policies aim to ensure a permanent Democratic majority by giving them the vote, no matter the laws broken in the process is no secret. One can only hope the Texas state government appeals this ruling as it seeks to stem the undeclared invasion presently streaming across its border.

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