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brownsville
Federal Judge Blocks 'Blatantly Unconstitutional' Texas Border Law
One ACLU attorney called the decision "an important win for Texas values, human rights, and the U.S. Constitution."
Feb 29, 2024
Migrant rights advocates on Thursday cheered a U.S. judge's decision to temporarily block a looming Texas law that critics argue is federally unconstitutional—even though the state's Republican attorney general has already filed an appeal.
U.S. District Judge David Ezra of the Western District of Texas granted a preliminary injunction to prevent the enforcement of Senate Bill 4, which would empower local and state authorities to arrest and deport undocumented immigrants. Republican Texas Gov. Greg Abbott signed the law in December, along with S.B. 3, which allocates over $1.5 billion for "border security" measures.
"This is a major step in showing the state of Texas and Gov. Abbott that they do not have the power to enforce unconstitutional, state-run immigration policies."
"The court's decision to block this anti-immigrant law from taking effect is an important win for Texas values, human rights, and the U.S. Constitution," said David Donatti, senior staff attorney at the ACLU of Texas, in a statement. "Cruelty to migrants is not a policy solution."
The U.S. Department of Justice challenged S.B. 4 on constitutional grounds—as did a lawsuit filed by the state and national ACLU along with the Texas Civil Rights Project (TCRP) on behalf of American Gateways, El Paso County, and Las Americas Immigrant Advocacy Center. The two cases were consolidated and led to Thursday's ruling.
As the judge wrote in his 114-page opinion:
Several factors warrant an injunction. First, the supremacy clause and Supreme Court precedent affirm that states may not exercise immigration enforcement power except as authorized by the federal government. Second, S.B. 4 conflicts with key provisions of federal immigration law, to the detriment of the United States' foreign relations and treaty obligations. Third, surges in immigration do not constitute an "invasion" within the meaning of the Constitution, nor is Texas engaging in war by enforcing S.B. 4. Finally, 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
"We celebrate today's win, blocking this extreme law from going into effect before it has the opportunity to harm Texas communities," said Aron Thorn, a senior attorney with TCRP's Beyond Borders Program. "This is a major step in showing the state of Texas and Gov. Abbott that they do not have the power to enforce unconstitutional, state-run immigration policies."
Jennifer Babaie, director of advocacy and legal services at Las Americas Immigrant Advocacy Center, declared that "with today's decision, the court sent a clear message to Texas: S.B. 4 is unconstitutional and criminalizing Black, brown, Indigenous, and immigrant communities will not be tolerated."
The El Paso County commissioner for Precinct 3, Iliana Holguin, stressed that "a piecemeal approach from individual states on federal matters such as immigration enforcement would put an undue burden on local taxpayers, while opening the door to potential civil rights violations for border residents and immigrants alike."
While welcoming their win in court on Thursday, those behind the legal challenge also recognized that the fight is far from over. Blasting S.B. 4 as "blatantly unconstitutional," Anand Balakrishnan, senior staff attorney at the ACLU's Immigrants' Rights Project, said that "we applaud the court's decision, but we must ensure this harmful law is struck down altogether."
Edna Yang, co-executive director of American Gateways, also noted the broader battle for immigration reform: "While we are thankful for this court decision, we know that too many people fleeing persecution are being denied their legal rights to make their case and seek political asylum. The only way to fix our broken immigration system is through federal congressional action, not individual state action."
Some federal lawmakers also praised the ruling. Democratic Texas Congressman Joaquin Castro said that "S.B. 4 has never been about the border. It's a dangerous, extreme law that gives local authorities the power to harass and detain anyone who looks or sounds like an immigrant. I'm glad to see this preliminary injunction, and I hope S.B. 4 will never go into effect."
The court ruling and Texas Attorney General Ken Paxton's subsequent pledge to "defend Texas' right to defend herself against the catastrophic illegal invasion" came as Democratic President Joe Biden—who is seeking reelection in November—and former President Donald Trump, the likely Republican nominee, visited different cities in the state.
Just before Biden's trip to Brownsville, Amnesty International USA pressured him to "abandon cruel anti-immigrant proposals" he has considered since the failure of a legislative package that outraged rights groups and progressive lawmakers. During his trip, the president announced resources to boost Customs and Border Patrol hiring; met with border local border officers, elected leaders, and law enforcement; and called on Congress to pass the immigration package.
"Each election year or legislative session, politicians make their way to Texas border cities to announce new policies or use the border in some other way to further their political agenda," said Denisse Molina, humanitarian outreach coordinator for TCRP's Beyond Borders Program. "Border communities are not political pawns that can be toyed with to earn points from voters."
"The timing of this announcement is in direct contrast with the spirit and community celebration of Charro Days, a celebration of friendship and culture amongst the cities of Brownsville, Texas, and Matamoros, Tamaulipas," Molina added. "This is a clear political stunt showing that while Brownsville may be the backdrop, President Biden does not know the history, welcoming arms, or respect locals have for their neighbors in Mexico. We deserve better."
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As Biden Heads to Border, Amnesty Says Ditch 'Cruel' Anti-Migrant Policies
"We challenge President Biden to stop his blatant disregard for the right to seek asylum and his continued politicizing of migrant rights and lives."
Feb 28, 2024
Just ahead of U.S. President Joe Biden's planned trip to a Texas border city, Amnesty International USA on Wednesday urged the Democrat to "abandon cruel anti-immigrant proposals" he is weighing after a controversial package opposed by rights groups and progressive lawmakers recently failed to get through the divided Congress.
"With President Biden visiting the border this week, he should remember that he once campaigned on a promise to restore the United States' role as a safe haven for refugees and asylum-seekers. Instead, his policies of deterrence have caused a humanitarian catastrophe along the border," said Amy Fischer, the group's director of refugee and migrant rights, in a statement.
Biden, who is seeking reelection in November, is scheduled to travel to Brownsville "to meet with U.S. Border Patrol agents, law enforcement, and local leaders," according toPolitico. The White House confirmed those plans Monday, after it was announced former President Donald Trump, the likely GOP nominee, is set to visit Eagle Pass, Texas, the same day.
"President Biden must use this visit to meet with asylum-seekers who had to flee extreme violence and insecurity in their home countries, only to face extortion, kidnapping, and sexual violence as they were waiting in Mexico due to his cruel asylum ban," Fischer said. "And he must also meet with the incredible organizations and volunteers who are on the frontlines of our migration crisis, welcoming people seeking safety, and exemplifying a model for what safe and welcoming border systems can look like."
"Days after Texas Attorney General Ken Paxton's attack on Annunciation House's long history of welcoming immigrants, it is critical for Biden to hear ideas and solutions from the frontline nongovernmental organizations who know first-hand the solutions of a functional asylum reception system," Fischer continued.
Paxton, a Republican, is trying to shut down the faith-based organization that has aided migrants in El Paso for decades, claiming that "information strongly suggesting Annunciation House is engaged in legal violations such as facilitating illegal entry to the United States, alien harboring, human smuggling, and operating a stash house."
The Catholic group said in a statement last week that "the attorney general's illegal, immoral, and anti-faith position to shut down Annunciation House is unfounded," and its efforts to help migrants are "no different from that of the schools who enroll children of refugees, the clinics and hospitals who care for the needs of refugees, and the churches, synagogues, and mosques who welcome families to join in worship."
While groups like Annunciation House have welcomed migrants, Republican Texas leaders, including Gov. Greg Abbott, have prioritized limiting access to the state and sending away those who make it there, often with legally dubious actions. Rights advocates, including Amnesty, are urging Biden to distinguish himself from the likes of Abbott and Trump—who has threatened mass deportations if he returns to power.
According toThe New York Times:
Mr. Trump plans to deliver remarks from the border to highlight the immigration crisis and lay blame at the feet of Mr. Biden, according to a person close to Mr. Trump who was not authorized to discuss the plans publicly.
Mr. Trump is expected to highlight crimes committed by migrants in New York and in other cities, as well as the arrest of a Venezuelan undocumented immigrant in the recent high-profile killing of a 22-year-old nursing student in Georgia, the person added.
"We challenge President Biden to stop his blatant disregard for the right to seek asylum and his continued politicizing of migrant rights and lives," said Fischer. "We challenge him to abandon his cruel proposals that echo Trump's anti-immigrant playbook, and instead to advance policies that would ensure both the protection of human rights and an orderly border."
"President Biden needs to find the political courage to rise above the growing tide of xenophobia and return to his promise to push for commonsense solutions that center safety and human rights," she added. "Until he does that, he'll only be on a race to the bottom as far as who can be the cruelest to those who need protection."
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