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American Thinker
American Thinker
19 Mar 2024
Monica Showalter


NextImg:Supreme Court rules 6-3 to allow Texas to arrest and deport illegals - for now

So when are immigration policy and immigration law the exact same thing?

Only when you are the Biden administration, which had been desperate to stop Texas from enforcing federal law on an illegals invasion, while trying to pretend that it wouldn't dream of allowing every illegal into the country who wants in, even though that's exactly what it is doing.

Which brings us to the Supreme Court's clarity on the matter this morning.

According to the Washington Post:

The Supreme Court on Tuesday cleared the way for Texas to begin enforcing, for now, one of the nation’s harshest immigration laws, which opponents say would disrupt more than a century of federal control over international borders.

The law, known as S.B. 4, makes it a state crime for migrants to illegally cross the border and allows Texas officials to deport undocumented individuals. It was passed last year amid a historic surge in border crossings — part of Gov. Greg Abbott’s (R) push to expand the state’s role in immigration enforcement, which historically has been a federal responsibility.
The Supreme Court’s decision was divided and preliminary, with two justices in the majority urging a lower court to quickly decide whether to allow the law to remain in effect while appeals continue. That approach drew dissent from the three liberal justices, two of whom said the majority was inviting “further chaos and crisis in immigration enforcement.”

I don't know how it would "disrupt" any "federal control over the border" since there is no federal control over the border. Or more to the point, the federal government, in the name of policy, is literally ignoring the law, which is paramount over policy.

The law says you can't enter illegally.

Policy says that Biden can pick how he wants to enforce that law based on the resources he has, as in, opting to deport the most heinous felons first, and then deporting the others. Policy doesn't negate the law,  it determines how a president will enact the law. In Biden's case, he's opted to deport no one on the flimsy legal grounds of catch-and-release 'parole,' and presumably, deport only the ones who are politically untenable, though we haven't seen much of that.

Texas though, is not bothering with flimsy policy choices, just simply enacting the law. The law by its very nature cannot interfere with policy. Biden is completely free to continue his policy of letting all comers in at federal ports of entry to wait out their phony asylum claims. Nothing in what Texas is doing interferes with that. By law, rather than policy, that entry should be solely to a federal prison, but, ah, policy again, Biden has claimed a right to "parole" all comers on the honor system that they will present themselves to immigration authorities in their city of choice and then show up for their court dates. The law though, says that illegals are illegal and subject to deportation.

Why Biden should fight this extra and free help from Texas toward enforcing the law is baffling on the surface since it doesn't interfere with his policy. But that's to naively miss that Biden doesn't want the law at all to be enforced, he only wants a pick-and-choose policy of enforcement of the law, which is to say, no law at all. That's the basis for which Biden, and his NGO allies, ridiculously claim that the migrants they enable with parole are "legally" present. Actually, they're still illegal, because that's the law.

The Supreme Court was right to rule for Texas and its fearless attorney general, Ken Paxton, who isn't interested in making policy, he and his state are just interested in enforcing the law as written.

The leftside of the court, of course, was upset, warning of "chaos":

“The Court gives a green light to a law that will upend the long-standing federal-state balance of power and sow chaos,” wrote Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson. They noted that a lower court judge had concluded that the law "is likely unconstitutional.”

Which is weird stuff because the migrant chaos is happening right now with ten million illegals roaming about the country with no place to put them, and job growth not enough to match the numbers of illegals who'd like to take some American's job. That's something they can see for themselves if they'd care to walk about their blue city, or the City of New York.

What kind of chaos could happen with Texas politely and firmly sending illegals back to Mexico after their illegal entry was not gotten into.  

Comically, the Biden side also brought up foreign policy as if Joe were some kind of ace at this and the states were local-yokel rubes and relations with Mexico were as fragile as flowers:

Implementing it, she said, could inflame tensions with Mexico, the largest U.S. trading partner, and lead to the deportation of migrants whose lives are in danger, a violation of federal law.

Which is laughable. Mexican states send millions of gallons of raw, untreated, sewage to foul San Diego's beaches every single day and no one in the Biden administration does anything about it. Sure, it's illegal and coming from a foreign nation, but they see it as a local problem.

Texas sending illegals back to the Mexican states that admitted them should be no problem for Mexico since Mexican states regularly impose these kinds of state-to-state problems onto the U.S. to begin with.

The ruling could be revisited, as squishy justices Amy Coney Barrett and Brett Kavanaugh have seemingly suggested.

But for now, it ought to send shivers through other border states that don't enforce the law and let Biden walk all over them with his policy-over-law approach to illegals.

Ready for a spillover surge, Tucson? Ready for the human waves, San Diego? They're coming.

Image: Pixabay / Pixabay License