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Biden admin threatens to sue Texas if state arrests and deport migrants
The New York Post ^ | 12/28/2023 | Victor Nava

Posted on 12/29/2023 10:31:37 AM PST by thegagline

The Biden administration warned Texas Republican Gov. Greg Abbott on Thursday that legal action will be taken if the state enforces a new law that allows authorities to arrest, jail, prosecute and deport migrants who enter the country illegally.

A Justice Department official said in a letter sent to Abbott that the law was unconstitutional and “contrary to the US commitment of ensuring the processing of noncitizens consistent with the Immigration and Nationality Act.”

The law, dubbed SB4 or Senate Bill 4, is part of the state’s Operation Lone Star. It goes into effect on March 5.

“SB 4 is preempted and violates the United States Constitution. Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law,” Principal Deputy Assistant Attorney General Brian M. Boynton writes in the missive, obtained by CBS News.

SB 4, signed into law by Abbott on Dec. 18, makes illegally entering the US from Mexico a state crime and authorizes police to arrest individuals suspected of crossing the Rio Grande between ports of entry.

Migrants caught illegally entering the country would face a Class B misdemeanor charge carrying a punishment of up to six months in jail. Repeat offenders would be subject to a second-degree felony charge punishable by up to 20 years in prison.

SB 4 allows Texas judges to drop charges against migrants if they agree to be deported.

The new law “intrudes into a field that is occupied by the federal government and is preempted,” Boynton argues.

“Indeed, the Supreme Court has confirmed that ‘the removal process’ must be ‘entrusted to the discretion of the Federal Government’ because a ‘decision on removability’ touches ‘on foreign relations and must be made with one voice.’”

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


TOPICS: Crime/Corruption; Foreign Affairs; Government; News/Current Events
KEYWORDS: biden; border; doj; illegals; invasion; sovereignty; texas
It is a crime to encourage illegal immigration :

8 U.S. Code § 1324 - Bringing in and harboring certain aliens

(a) Criminal penalties
(1)
(A) Any person who—
***
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts, shall be punished as provided in subparagraph (B).
*** B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;

1 posted on 12/29/2023 10:31:37 AM PST by thegagline
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To: thegagline

A Justice Department official said in a letter sent to Abbott that the law was unconstitutional

Oh, a career government employee who is a liberal states that such a law is unconstitutional?

And when did this GS-12 employee get appointed and confirmed to the Supreme Court?


2 posted on 12/29/2023 10:34:07 AM PST by VideoPaul
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To: thegagline

Send them all to DC.


3 posted on 12/29/2023 10:35:39 AM PST by sasquatch
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To: thegagline

Meanwhile, several cities in Illinois are “sundown towns” with warning signs that forbid migrants. Those towns that make arrests and impound buses carrying migrants.

So which is it? Illinois can and Texas can’t?


4 posted on 12/29/2023 10:36:10 AM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up.)
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Comment #5 Removed by Moderator

To: thegagline

Bring it and we’ll turn Obrador loose on your asses. He and his gangs run the U.S. border, not you clowns in D.C. I guess you weren’t listening the other day. You’ll all become Grand Marshall’s of Obrador’s 15,000 azho extortion parade like Blinkey and Mayorkas were this past week.


6 posted on 12/29/2023 10:42:51 AM PST by FlingWingFlyer (They've begun dismantling Arlington Cemetery, next comes diggin up white solders and dumpin' 'em.)
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To: thegagline

We need to completely seal the stateline of Texas all the way around the entire state. Let’s see what the Dept. of Jugheads come up with to stop that.


7 posted on 12/29/2023 10:46:08 AM PST by FlingWingFlyer (They've begun dismantling Arlington Cemetery, next comes diggin up white solders and dumpin' 'em.)
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To: thegagline

Article 1. Section 10. U.S. Constitution.

“:No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”

this govt serf is absolutely deaed wrong. fire him/


8 posted on 12/29/2023 10:48:25 AM PST by bunkerhill7 (Don't shoot until you see the whites of their lies)
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To: thegagline

I’m sure Senator John Kennedy will come up with a folksy drawly clip that will “destroy” the DOJ, and everything will be hunky-dorey.


9 posted on 12/29/2023 10:53:03 AM PST by Fido969
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To: thegagline

Maybe Texas should leave the union. Biden protects foreign countries from invasion.


10 posted on 12/29/2023 10:56:16 AM PST by SaxxonWoods (Are you ready for Black Lives MAGA? It's coming.)
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To: Fido969
I’m sure Senator John Kennedy will come up with a folksy drawly clip that will “destroy” the DOJ, and everything will be hunky-dorey.

Senator Kennedy is in the running to win this year’s “Trey Gowdy All Hat, No Cattle Award.”

11 posted on 12/29/2023 10:58:24 AM PST by thegagline (Sic semper tyrannis! Goldwater in 2024)
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To: sasquatch
Send them all to DC.

Some of the wealthiest counties in the country are clustered around DC... It's where the goons and thugs who shove Americans around build their mansions and mini-mansions...

The only way corrupt liberal 'elties' gain empathy is if THEY have to live with what they inflict on the rest of us.

12 posted on 12/29/2023 11:02:47 AM PST by GOPJ (Surgery/makeup doesn't make a man a woman anymore than wearing gorilla costumes turns a man into ape)
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To: thegagline

How about a Barrett 50?


13 posted on 12/29/2023 11:03:56 AM PST by moovova ("The NEXT election is the most important election of our lifetimes!“ LOL...)
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To: thegagline

Do you need any more proof that there is no “crisis” at the border but they are letting people in on purpose ?


14 posted on 12/29/2023 11:05:52 AM PST by libh8er
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To: sasquatch

Drop them off right in front of the White House


15 posted on 12/29/2023 11:07:33 AM PST by butlerweave
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To: sasquatch
Send them all to DC.

The problem with that is DC is heavily armed and monitored, including the big mucky-mucks who live in the mansions.

16 posted on 12/29/2023 11:12:48 AM PST by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021 and beyond.)
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To: thegagline

“SB 4 is preempted and violates the United States Constitution. Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law,”

The Sovereign Republic of Texas needs to put this to the test. They have just been asked to NOT enforce “the law”.

The actions of the out of control, illegal, and unconstitutional government of the United States has certainly overstepped whatever authority it was loaned by “We the People” to the point they are now the abuser of those to whom the power and authority actually belongs in accordance with said Constitution and the Declaration of Independence.


17 posted on 12/29/2023 11:18:24 AM PST by wita (Under oath since 1966 in defense of Life, Liberty and the pursuit of Happiness)
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To: thegagline

In other words, don’t interfere with our plans to destroy the Middle Class and establish our long sought totalitarian government.


18 posted on 12/29/2023 1:18:00 PM PST by antidemoncrat
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To: thegagline

Biden admin threatens to sue Texas for enforcing federal laws that he won’t.

Some reports say a country wants to construct a new city in California what next a number tag riveted to our ear.

Democrats like to change names a lot like slavery to labor sale.


19 posted on 12/29/2023 1:26:01 PM PST by Vaduz (....)
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To: thegagline

8 U.S. Code § 1324 - Bringing in and harboring certain aliens

(a) Criminal penalties
(1)
(A) Any person who—
***
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or

\/

good.

this includes

biden
mayorkis
blinkin
harris
wray

arrest them the second they step into texas.


20 posted on 12/29/2023 2:37:54 PM PST by cuz1961 (USCGR Vet, John Adams Descendant , deal with it.)
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