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U.S. District Judge David Ezra ruled today that Texas Senate Bill 4 violates the U.S. Constitution and prior Supreme Court rulings that put the federal government in charge of immigration laws and restrictions. Senate Bill 4 was scheduled to go into effect on March 5.
The new law would allow local law officers to arrest and state judges to deport illegal aliens along the southern border. Lawyers for Texas argued that the law signed by Governor Abbott in December is a valid response to President Biden’s dereliction of duty on the border. Abbott declared an invasion was taking place along the border that brought in authorized immigrants and criminal cartels.
If Joe Biden doesn’t perform his top responsibility to secure the borders and protect the homeland, what is a border state governor to do? The longest part of the southern border is the Texas-Mexico border. Illegal immigrants have flooded the border for three years by the millions into Texas. Why is Texas expected to shoulder that burden? The Biden administration turns a blind eye and a deaf ear to requests for federal help for the exact reason the district judge cited – immigration is a federal responsibility. Is Governor Abbott supposed to sit back and let whatever happens happen to Texas? That is unacceptable.
Judge Ezra also rejected that the Biden border crisis has produced an invasion as described in the Constitution. He said Texas is not “engaging in war by enforcing SB 4.”
“To allow Texas to permanently supersede federal directives on the basis of an invasion would amount to nullification of federal law and authority — a notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War,” Ezra wrote in his order.
You can bet that Texas will appeal this ruling by asking the 5th Circuit of Appeals to overturn it. This will be the third immigration case involving Texas that awaits a decision in that court.
