Texas Governor Greg Abbott’s mind is replete with lawlessness, antipathy towards the United States of America and just plain 1860 stupidity.
He is being challenged by federal district Judge David Ezra and the entire weight of the United States of America. Who will win that skirmish?
Judge Ezra was chosen at random to conduct judicial oversight of a lawsuit filed in Austin by the United States against Governor Abbott and the State of Texas. Abbott and Texas are trying to override federal responsibility for immigration. At issue: a new Texas law effective Tuesday, March 5, Senate Bill 4.
It mandates Texas law enforcement officers arrest anyone they “think” illegally entered Texas.
Racial and ethnic profiling has to be the basis for implementing this law. How else would a deputy know who to confront? Profiling is dicey at best despite its utility for selecting target people. As to citizenship inquiry, that is prohibited except for employment.
Texas law enforcement will stop suspects only after deciding nationality/ethnicity. Most migrants today are from Central and South America. Law enforcement will not be looking for blonde blue-eyed illegal border-crossers or Titian redheads cocktailing in Irish bars in Dallas. After a stop is made identification will be demanded. They can demand identification but, in general, one need not provide authorities identification.
Asking for identification in order to determine immigration status is a federal responsibility. It is not within the purview of a state law enforcement agent and wouldn’t, according to Judge Ezra, be acceptable for state agents to enforce a “patchwork” of immigration rules/laws of different states.
U.S. District Judge David Ezra: “That turns us from the United States of America into a confederation of states…That is the same thing the Civil War said you can’t do.”
The law, Senate Bill 4, would allow Texas law enforcement to arrest people who are “suspected” of entering the state or country illegally. Once in custody, a Texas judge could order them to leave the United States or be prosecuted for a misdemeanor charge of illegal entry into Texas. If ordered out of the country and the person doesn’t leave, they can be charged with a serious felony punishable with years in prison.
Governor Abbott, who signed SB 4 into law, will undoubtedly experience the same fate as former Arkansas Governor Orville Faubus in 1957. President Dwight David Eisenhower federalized the Arkansas National Guard that Faubus used to prevent nine Black kids from attending Little Rock’s Central High school. The President sent the National Guard home and ordered the 101st Airborne Division of the Army to Little Rock to protect the kids..
Abbott is in other federal courts fighting to keep federal officers away from the border. Texas National Guard troops are on the border keeping from crossing the border illegally. After federalizing the Guard the president can order the Guard home without a court.
12 years ago Arizona tried to circumvent Federal immigration rules. The Supreme Court invalidated most of the effort that tried to allow Arizona law enforcement to run amok by violating federal civil rights laws and Constitutional provisions.
Immigration, the court ruled, is a federal responsibility as per Article 1, Section 8 of the Constitution.
Politician Greg Abbott complains that illegal entrant migrants are responsible for growing crime. The judge knows better. After 40 years on the border federal bench, he claims to know border affairs better than ignorant politicians pandering to uninformed people.
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Specifically, Judge Ezra clearly states that he was “not buying into” Governor Abbott’s position that the “vast majority” of migrants who enter the U.S. illegally are criminals. In fact, he claims most people who enter illegally are otherwise law-abiding people. Federal crime and prison statistics clearly show that imprisoned migrants are far, far fewer than natural-born U.S. citizens by percentages.
Judge Ezra also pointed out that empowering state judges to expel people from Texas could interfere with federal “processes or protections.”
Texas lawyers argued that state police officials promised they wouldn’t violate federal laws but Judge Ezra responded with: “I have to rule on what the law says, not what they say they will or won’t do.”
Judge Ezra indicated that he would rule quickly so there would be time for an appeal before March 5, the day SB 4 begins its short life expectancy.
Even money…He will most likely rule the law unconstitutional.
Raoul Lowery Contreras is a former U.S. Marine veteran, political campaign consultant, author, editorialist for newspapers and magazines and hosts the Contreras Report on YouTube