AUSTIN, TX – The Thursday before New Year’s Day, the Biden administration warned the state of Texas and its governor, Greg Abbott, that they would sue the border state if they proceeded to implement their new law, known as Senate Bill 4. The law essentially empowers state and local law enforcement to arrest and jail immigrants suspected of entering the US illegally.
The bill would also allow for the prosecution of those same individuals.
"Because SB 4 is unconstitutional and will disrupt the federal government's operations, we request that Texas forbear in its enforcement," Principal Deputy Assistant Attorney General Brian Boynton wrote in a letter to Abbott.
Texas’ response: You won’t defend our borders, so we will.
The month of December saw a record number of encounters at the southern border, topping 276,000, according to Customs and Border Protection (CBP) sources. With that number, it closed out the year at nearly 3.2 million people illegally crossing the border. It does not include the hundreds of thousands of "gotaways."
Has the Biden presidency enters is fourth year, it has become abundantly clear that the White House and Department of Homeland Security policies will allow the chaotic invasion to continue.
So, Texas has decided to defend its own border and its state sovereignty. The White House has decided that they will not stand by and allow the largest of the contiguous states to enforce laws that protect their citizens, thus the threat of the lawsuit.
What the Biden team is failing to recognize is that like every other state, Texas has a constitution. And it specifically addresses the governor’s duty when the state is being invaded.
Article IV, Section 7 of the state's constitution reads, “GOVERNOR AS COMMANDER‑IN‑CHIEF OF MILITARY FORCES. He shall be Commander‑in‑Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.”
First included on February 15, 1876, it was amended 24 years ago on November 2, 1999.
While the government is arguing that the law is unnecessary because it is already a federal law, Texas argues that a lack of enforcement at the federal level has forced them to pass a law that makes illegal entry a state crime as well.
Per CBS News, Governor Abbott has stated that the Biden administration’s threat of legal action shows “hostility to the rule of law in America.”
The governor continued by saying: "[The administration] not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration."
Texas has said that they are prepared to defend their law and its enforcement all the way to the Supreme Court. They are already defending it against the ACLU in federal court after the "civil rights" group filed a suit claiming the Texas law is unconstitutional.
Ironically, they are not suing the federal government, who claims that they already have this law on the books. If the state law were unconstitutional, wouldn’t the federal law be as well?
It almost appears that the law itself is not what concerns the ACLU, but instead, it is Texas’ willingness to enforce it that has them worried.
According to the details of SB4, violations are treated as a misdemeanor crime. Violators could face up to 180 days in jail and a $2,000 fine. After being deported, illegal reentry would be classified as a felony. Convictions could lead to two-, 10-, or 20-year prison sentences, depending on their criminal history.
To further exacerbate the onslaught of people coming across the border, Mexico has stated that they will not accept immigrants being deported back to Mexico if the process is facilitated by the state of Texas, although SB4 allows the process to be administered by state judges.
If the state has not responded to the letter stating that they will not enforce SB4 by the end of the day, January 3, the Biden administration will seek to enjoin the law and use the courts to prevent Texas from having the ability to enforce the law and equally, prevent them from defending their own borders.
The bill would also allow for the prosecution of those same individuals.
"Because SB 4 is unconstitutional and will disrupt the federal government's operations, we request that Texas forbear in its enforcement," Principal Deputy Assistant Attorney General Brian Boynton wrote in a letter to Abbott.
Texas’ response: You won’t defend our borders, so we will.
The month of December saw a record number of encounters at the southern border, topping 276,000, according to Customs and Border Protection (CBP) sources. With that number, it closed out the year at nearly 3.2 million people illegally crossing the border. It does not include the hundreds of thousands of "gotaways."
Has the Biden presidency enters is fourth year, it has become abundantly clear that the White House and Department of Homeland Security policies will allow the chaotic invasion to continue.
So, Texas has decided to defend its own border and its state sovereignty. The White House has decided that they will not stand by and allow the largest of the contiguous states to enforce laws that protect their citizens, thus the threat of the lawsuit.
What the Biden team is failing to recognize is that like every other state, Texas has a constitution. And it specifically addresses the governor’s duty when the state is being invaded.
Article IV, Section 7 of the state's constitution reads, “GOVERNOR AS COMMANDER‑IN‑CHIEF OF MILITARY FORCES. He shall be Commander‑in‑Chief of the military forces of the State, except when they are called into actual service of the United States. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions.”
First included on February 15, 1876, it was amended 24 years ago on November 2, 1999.
While the government is arguing that the law is unnecessary because it is already a federal law, Texas argues that a lack of enforcement at the federal level has forced them to pass a law that makes illegal entry a state crime as well.
Per CBS News, Governor Abbott has stated that the Biden administration’s threat of legal action shows “hostility to the rule of law in America.”
The governor continued by saying: "[The administration] not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration."
Texas has said that they are prepared to defend their law and its enforcement all the way to the Supreme Court. They are already defending it against the ACLU in federal court after the "civil rights" group filed a suit claiming the Texas law is unconstitutional.
Ironically, they are not suing the federal government, who claims that they already have this law on the books. If the state law were unconstitutional, wouldn’t the federal law be as well?
It almost appears that the law itself is not what concerns the ACLU, but instead, it is Texas’ willingness to enforce it that has them worried.
According to the details of SB4, violations are treated as a misdemeanor crime. Violators could face up to 180 days in jail and a $2,000 fine. After being deported, illegal reentry would be classified as a felony. Convictions could lead to two-, 10-, or 20-year prison sentences, depending on their criminal history.
To further exacerbate the onslaught of people coming across the border, Mexico has stated that they will not accept immigrants being deported back to Mexico if the process is facilitated by the state of Texas, although SB4 allows the process to be administered by state judges.
If the state has not responded to the letter stating that they will not enforce SB4 by the end of the day, January 3, the Biden administration will seek to enjoin the law and use the courts to prevent Texas from having the ability to enforce the law and equally, prevent them from defending their own borders.
For corrections or revisions, click here.
The opinions reflected in this article are not necessarily the opinions of LET
Comments
2024-01-04T15:57-0600 | Comment by: Merlin
I hope Biden does sue Texas! Then the courts will have the opportunity to charge Biden with TREASON for allowing the invasion of our country! Per the constitution Biden is responsible to keep our borders secure. He is not doing so and is actively promoting the invasion of our country!
2024-01-04T18:00-0600 | Comment by: Brown
Isn't Texas' projected state law a "double jeopardy" law? Wouldn't that be like getting charged for the same offence twice under different sections, or authorities?
2024-01-05T14:27-0600 | Comment by: Laurence
Entering the USA illegally is a FEDERAL crime, so Biden is violating Federal law with this stupid suit. He should be impeached immediately for encouraging criminals to invade our country.