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Appeals court puts Texas state immigration law put back on hold
msn ^ | 3/20/2024 | Michael Macagnone

Posted on 03/20/2024 4:13:06 PM PDT by Signalman

A federal appeals court reinstated an injunction on a Texas law that would allow state officials to effectively deport immigrants late Tuesday, hours after a Supreme Court decision that allowed it to go into effect.

In a 2-1 decision, a panel of judges at the U.S. Court of Appeals for the 5th Circuit paused enforcement of Texas immigrant removal law, S.B. 4, while the Biden administration’s challenge plays out.

The two judges in the majority did not explain the decision in Tuesday’s brief order, which also scheduled oral arguments on the issue for 11 a.m. Wednesday.

The procedural back-and-forth is part of a broader legal and political struggle over immigration between Texas, national Republicans and the Biden administration.

During the time the law was in effect Tuesday, the Mexican foreign ministry issued a statement that it “categorically rejects any measure that allows state or local authorities to exercise immigration control” and said it would not effect any deportations by state officials. The statement also said the Mexican government plans to participate in the litigation challenging the law.

Judge Andrew Oldham, a Trump appointee, dissented from the decision and wrote that a lower court ruling that blocked the Texas law was an “extraordinary remedy” that should be allowed unless justified.

“A stay preserves the status quo while an appellate court reviews the lawfulness of that alteration,” Oldham wrote.

The law makes it a state crime to cross from Mexico to Texas unlawfully and state courts could order the removal of immigrants even if they have pending asylum claims, the Biden administration said in court papers. Last month, a federal trial court judge found the law likely violated the Constitution because it supplants federal government authority on immigration policy.

(Excerpt) Read more at msn.com ...


TOPICS: Miscellaneous
KEYWORDS: immigration; texas
How does a lower court overrule the USSC?
1 posted on 03/20/2024 4:13:06 PM PDT by Signalman
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To: Signalman

Arrest the illegals and send them to this court


2 posted on 03/20/2024 4:17:28 PM PDT by butlerweave
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To: butlerweave

Being that the 5th Circuit Court is in New Orleans, La, we should send a few hundred busloads directly to them.


3 posted on 03/20/2024 4:21:00 PM PDT by Bikkuri (I am proud to be a PureBlood.)
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To: Signalman

Good question


4 posted on 03/20/2024 4:51:28 PM PDT by cableguymn
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To: Signalman

DO IT ANYWAY.


5 posted on 03/20/2024 5:02:43 PM PDT by cowboyusa (AT THIS POINT, I'M WARMING TO AN AMERICAN PINOCHETE. )
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To: Signalman

“a federal trial court judge found the law likely violated the Constitution because it supplants federal government authority on immigration policy”

It violates arbitrary federal “policy” but does not violate any federal law.

And the “policy” it violates is a policy of NOT enforcing federal law.


6 posted on 03/20/2024 5:44:08 PM PDT by unlearner (I, Robot: I think I finally understand why Dr. Lanning created me... ;-)
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To: Signalman

That’s what I’ve been asking everybody and nobody seems to be able to answer my question. How in the hell can a lower court have overrule the Supreme Court? I don’t get it …don’t understand. Is this something new? If I was a Supreme Court justices I would jump on their bones immediately! Especially judge Alito!! They are diminishing the power of the Supreme Court.


7 posted on 03/20/2024 6:20:53 PM PDT by RoseofTexas
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To: RoseofTexas

Meant to say, judge Alito needs to come down hard on the judge that overruled the SCJ ruling.


8 posted on 03/20/2024 6:22:52 PM PDT by RoseofTexas
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