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  #1  
Old 03-27-2024, 09:13 AM
erikpolcrack erikpolcrack is online now
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Default Court Action on Texas Border Law

I haven't been following it closely enough, but I'm a little confused by the latest court action concerning a Texas law authorizing its law enforcement personnel to arrest illegal immigrants. I thought it had worked its way up to the Supreme Court and had been OK'd. Now I'm reading that a lower court has blocked it again. How can that happen if the Supremes already said OK? For that matter, why can't Texas already arrest illegal immigrants anyway?
I'm hoping one of the lawyers or current/former LEOs on the forum can help me out here.

Last edited by erikpolcrack; 03-27-2024 at 09:28 AM.
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Old 03-27-2024, 11:37 AM
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I'm not a lawyer but I believe state and local authorities cannot arrest you on Federal violations though I believe they can detain you for Federal authorities. If the Feds are unwilling to arrest/prosecute you, then the state and local must let you go.

At least that's how I understand it.

ON EDIT: There are somethings that are crimes both locally and Federally, in which case either group could arrest you, such as for drugs, but the Feds claim that immigration is controlled by them and that state and local law enforcement have no jurisdiction in any matters that pertain to immigration.

Again, that is my understanding, which taken along with a $5 bill still won't get you a cup of coffee at Starbucks.
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Last edited by Tom S.; 03-27-2024 at 11:42 AM.
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Old 03-27-2024, 12:02 PM
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This will help:

The Supreme Court on Monday allowed Texas to enforce a controversial law that would allow state law enforcement officials to arrest individuals suspected of entered the United States illegally. Although the court did not provide an explanation for its decision, Justice Amy Coney Barrett – in a concurring opinion joined by Justice Brett Kavanaugh – contended that, in her view, the Supreme Court should not intervene at this stage because the lower court’s order that the Biden administration had sought to block was only a temporary one, issued as part of the appeals court’s power to manage its own docket.

When SCOTUS refused to intervene, the 5th Circuit Court of Appeals reinstated the stay 2 hours later.

It's in the Federal courts because immigration is a power of Congress from Article I, Section 8, US Constitution.
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Old 03-27-2024, 12:19 PM
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When the rule of law is ignored by persons in power to suit their desires or prejudices I see no reason why the state of Texas should do differently.
The powers only acknowledge the Constitution when it suits their perverted wishes. Therein lies todays large problem
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Old 03-27-2024, 12:28 PM
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It's likely a tactic similar to net neutrality.
It didn't matter how it turned out, we'd be charged for "A" with it or charged for "B" without it.
Same bottom line either way.
Here it's about the reason for banning action
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Old 03-27-2024, 02:29 PM
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Precisely. Congress can fix this tomorrow. With either bill.
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Old 03-31-2024, 01:03 AM
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Despite what you might see on the MSM outlets, the situation on the Texas border is deteriorating rapidly.

To say it is out of control is an understatement. I could go into a long dissertation here as to the reasons why but that is not what this forum is for.

I will say that it is inevitable before violence begins down there. It isn't a matter of "if" as much as "when".
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Old 03-31-2024, 03:17 PM
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The feds have failed us on keeping America and it's states safe.

I don't care who wants to blame what. The feds as a whole have failed.

I commend Texas for trying to protect it's border and it's citizens (and the country for that matter) with what is rapidly becoming a hostile situation with Mexico who is more than happy to keep the invasion flowing.

I am not against "legal" immigrants, but these are criminal invaders who break our laws, take from our welfare system, hurt our citizens (crime, theft, assault, r*pe, and murder), and simply don't belong here.

It should be non-negotiable for both sides to close it down, fix it, deport the ones who do this, but instead the criminals are being rewarded.

It's sick.

No country can survive, and especially thrive, without law and order, and a secure border.
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Old 03-31-2024, 04:05 PM
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Quote:
Originally Posted by Magnum_PI View Post
The feds have failed us on keeping America and it's states safe.

I don't care who wants to blame what. The feds as a whole have failed.

I commend Texas for trying to protect it's border and it's citizens (and the country for that matter) with what is rapidly becoming a hostile situation with Mexico who is more than happy to keep the invasion flowing.

I am not against "legal" immigrants, but these are criminal invaders who break our laws, take from our welfare system, hurt our citizens (crime, theft, assault, r*pe, and murder), and simply don't belong here.

It should be non-negotiable for both sides to close it down, fix it, deport the ones who do this, but instead the criminals are being rewarded.

It's sick.

No country can survive, and especially thrive, without law and order, and a secure border.
All of us in our immigrant household agree 100%. We followed the rules, and so should everybody else.
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Old 03-31-2024, 04:41 PM
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A simple way to solve the immigrant problem of people gathering on the borders is to make a simple change in the law. Change the law concerning entry into the US by requiring each person desiring entry into the US MUST have an “Immigration Visa.”

This “Immigration Visa” is obtained at the US Embassy in the immigrant’s country of residence. This would be exactly like the Tourist Visa which is issued for visitation to the US. With the implementation of the “Immigration Visa”, much publicity concerning it would have to be posted. One key provision of the “Immigration Visa” would be that no one would be permitted entry into the US WITHOUT a valid one. People gathering at the border without the visa would not be permitted entry into the US. People crossing the border at any another point than a border entry point will be returned back across the border, even if they have a “Immigration Visa.” Each of the new Immigration Visa would have built-in security such as fingerprints to ensure they are not misused.

This policy change would solve the problem of the gathering of unprocessed people arriving at the border entry points. The approval of the “Immigration Visa” would be placed on the US Embassy and cause people not to leave their country. By moving the people who currently process the immigrants at the border to the US Embassy‘s in many countries would solve the problem of people gathering at the border fences.
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Old 03-31-2024, 06:01 PM
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Since this cannot be discussed without many members violating the "No Political Discussions" rule, I am closing it.
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