Yesterday we talked about Texas' new law criminalizing illegal entry into Texas. The law goes beyond the federal law, which I think will doom it, but I said that I thought a state law that substantially tracks the federal law, and thus gives Texas law enforcement a legal basis for arresting illegals (and courts a basis for jailing them), could pass muster.
This new decision supports my take, I think. But you be the judge.
Biden's lawless regime ordered their border cops to rip down Texas' property -- their border wire fence. A lower court found that the federal government had no right to do that and enjoined them from doing so, but then reversed itself and undid the injunction. (Though they still held that the Regime's actions were illegal -- they just reversed their order to stop it.)
Texas appealed that stupid Half-Hawaiian Judge ruling, and Texas appealed.
The Fifth Circuit Court of Appeals now affirms that, and temporarily enjoins the federal government from tearing down any more of Texas' border barrier except in cases of medical emergency.
The injunction will last until a full trial on the merits, I assume.
A federal appeals court handed the state of Texas a win on Tuesday when it temporarily blocked the Biden administration from removing razor wire barriers placed at the border by Texas authorities.
The Fifth Circuit Court of Appeals ruled that the government is barred during the appeal from "damaging, destroying, or otherwise interfering with Texas's [concertina wire] fence in the vicinity of Eagle Pass, Texas" unless it is for a medical emergency.
The state sued the Biden administration in October over its cutting or damaging of the more than 29 miles of concertina wire along the border in order to allow illegal immigrants to enter deeper into the U.S.
"By cutting Texas's concertina wire, the federal government has not only illegally destroyed property owned by the State of Texas; it has also disrupted the State's border security efforts, leaving gaps in Texas's border barriers and damaging Texas's ability to effectively deter illegal entry into its territory," Texas said.
Please read this and explain to me, if you can, how this makes any sense at all:
The state had installed the wire near key crossing areas where there have been massive surges of illegal immigration in recent years. The federal government has said that once migrants are on U.S. soil, Border Patrol agents must apprehend them, and has claimed the wire "inhibits Border Patrol's ability to patrol the border."
A barrier at the border inhibits agents from patrolling the border.
No, a barrier inhibits illegals from crossing the border -- which is what you object to.
Biden should be cited for making a fraudulent representation on the court.
A DHS spokesperson told Fox in October that it does not comment on pending litigation, but "generally speaking, Border Patrol agents have a responsibility under federal law to take those who have crossed onto U.S. soil without authorization into custody for processing, as well as to act when there are conditions that put our workforce or migrants at risk."
And there you go: It's about bringing illegals in, and then giving them "processing" and welfare. You can't "process" them, as The Regime is eager to do, and then release them into the interior of the country, if they're blocked from entry in the first place.
Note that once released into the interior of the country, illegals are allowed to be present in the US until their court hearing. Which many never show up for. And those who show up will be coached on how to lie to get asylum.
And those court dates are a long, long way off. Plenty of time to have a DREAMER anchor-baby!
Bill Melugin
@BillMelugin_
NEW: A Colombian woman who crossed illegally into El Paso, TX & was released into the U.S. was given an ICE check in date in NYC in 2031. Her immigration attorney, @mkolken, tells me it's one of the most shocking things he's seen in his nearly 30 years of immigration law. (1/2).
2/2) Kolken tells me his client is a legitimate asylum seeker with what he feels is an air tight case, but because the system is so backlogged with illegitimate asylum claims, he's not sure they'll ever get a chance to argue it in court with her next check in 8 years into the future.
"It made me realize the Biden administration is basically providing backdoor amnesty for anyone who wants to show up at the border," he said.
So it is imperative to keep them out of the country in the first place.
Which is why the Biden Junta is doing the opposite, and ordering the tear-down of a border fence.
Karen Armstrong quotes this from Dallas News: a statement that Texas' actions will help to enforce federal laws as written, not as "interpreted" into a defacto repeal by the Biden Junta.
The ruling also suggested that, rather than impeding federal law enforcement, Texas' actions supplement it. There is "substantial public interest in having governmental agencies abide by the federal laws that govern their existence and operations," the court wrote, citing an earlier case.
That's why I think a modified Texas law criminalizing illegal entry will stand: State law must be congruent with federal law, not the mere policy of a lone degenerate bribe-taking pervert.
"Life danger" -- he's already picking up the lingo of what to say at the court hearing he'll see in eight f***ing years.
Bill Melugin
@BillMelugin_
NEW: Two men from Afghanistan are amongst this mass of hundreds of adults from around the world who crossed illegally into Lukeville, AZ and are waiting for Border Patrol processing. The Afghans are "Special Interest Aliens" and will be subject to additional federal vetting.
Don't worry, though: They'll get their court date for 2031.