Immigration Nation, Con't

In a battle 100% certain to be headed to the Supreme Court, Texas lawmakers have voted to allow state and local law enforcement to arrest and deport undocumented immigrants in contravention of, you know, federal law and the Constitution.

 

In a direct challenge to federal power over immigration, the Texas House on Thursday approved the creation of a state-level crime for entering the country from Mexico between ports of entry, allowing local police agencies to arrest and jail unauthorized migrants or order them back to Mexico.

The legislation had been called for by Gov. Greg Abbott in what would be a sharp escalation of his multibillion-dollar border security program, known as Operation Lone Star. The Texas House also approved an additional $1.5 billion for the state to use to construct its own barriers near the international boundary.

The arrest measure now returns to the Senate, which has already approved its own version, and then head to Mr. Abbott’s desk for his signature.

“It is a humane, logical and efficient approach,” Representative David Spiller, a Republican from west of Fort Worth, said in introducing his arrest bill before the vote. “There is nothing unfair about ordering someone back from where they came if they arrived here illegally.”

Emotions ran high during hours of arguments and motions on the House floor that stretched through the night and into Thursday morning, with Democrats objecting to what they said would be a new criminal enforcement regime that could end up inadvertently targeting Hispanic Texans. At one point, tempers flared as Republicans moved to halt amendments to the bill.

“My community is being attacked,” one Latino representative, Armando Walle, a Houston Democrat, told his Republican colleagues. “Y’all don’t understand,” he said. “It hurts us personally.”

For more than two years, Mr. Abbott and Republican lawmakers have been testing the boundaries of the state’s power to enact its own aggressive law enforcement policies in response to the surging number of migrants crossing into the state from Mexico.

But the creation of a criminal offense under state law — empowering Texas officers to arrest migrants, including those seeking asylum — went a step further into a realm of immigration enforcement that is typically reserved to the federal government.

The legislative move is likely to set up a consequential court fight over immigration and, for opponents of President Biden’s immigration policies, create a chance to revisit a 2012 Supreme Court case, originating in Arizona, that was decided 5 to 4 in favor of the federal government’s primary role in setting immigration policy.

 

Needless to say, GOP Gov. Greg Abbott and the Texas GOP are picking this fight on purpose. They want the ruling against Arizona's 2021 "Papers, please" law overturned so they can start arresting Latinos left and right in the state.

 

You'd also better believe that Arizona, Florida, Georgia, NC and other big red states will follow suit should the Roberts Court allow them to, with the goal of filling as many detention centers as possible.

This is going to get bad, folks. It may not end up in front of SCOTUS before the 2024 election, but it's still potentially a horrific situation, and the GOP does not care one bit.