UPDATE: Supreme Court Reverses Fifth Circuit, Temporarily Halts Texas Immigration Law
The DOJ claimed the stay should be vacated because Texas won’t suffer any comparable harm as litigation proceeds. I’d laugh if we didn’t have a border crisis.
BIG UPDATE: Supreme Court granted a temporary stay of the 5th Circuit ruling that would have allowed the Texas immigration law to go into effect.
The temporary stay is valid until next Wednesday.
Previous reporting…
The 5th Circuit ordered a Texas immigration law to go into effect, overturning a lower court blocking it.
President Joe Biden’s DOJ immediately filed an application to SCOTUS to vacate the preliminary injunction.
Senate Bill 4 allows state law enforcement to arrest and detain illegal immigrants who cross the border outside of legal ports of entry.
On February 29, U.S. District Judge David Ezra’s preliminary injunction halted the law because it conflicts with federal law and violates the supremacy clause.
Ezra also wrote that “If allowed to proceed, SB 4 could open the door to each state passing its own version of immigration laws.”
But the 5th Circuit granted a stay on the decision. The court did not explain its reasoning.
The court also held the order for seven days to give the DOJ time to file with SCOTUS.
New: The U.5. 5th Circuit issued a temporary stay on a federal district judge’s ruling yesterday, allowing Texas’s new border security law, #SB4 to be enforced when it goes into effect tomorrow. The law allows state police to arrest illegal aliens on criminal trespass charges. pic.twitter.com/qgNOiumRFA
— Matt Stringer (@WestTxStringer) March 4, 2024
The DOJ wants SCOTUS to do something ASAP.
If SCOTUS does not intervene, the law goes into effect on March 10:
Absent this Court’s intervention, SB4 will go into effect at 12:01 a.m. on March 10, 2024, profoundly altering the status quo that has existed between the United States and the States in the context of immigration for almost 150 years. And despite the 114-page district court opinion detailing multiple independent reasons why the law is invalid, that disruptive change would occur without any reasoned ruling by the court of appeals. Instead, by purporting to grant an “administrative” stay but deferring action on the underlying stay motion indefinitely, the court effectively granted a stay pending appeal without engaging in the necessary consideration of likelihood of success on the merits, the balance of harms, or the public interest. Each of those factors makes clear that no stay is warranted here.
Well, maybe Biden’s administration should do something about the border. We know they have not done anything. The border patrol chief under Biden until last year never talked to Biden or “Border Czar” Kamala Harris during his time.
The Biden administration claimed the law “conflicts with federal law in multiple respects.” One reason is because it stops the country “from speaking ‘with one voice’ in matters involving foreign affairs.”
Okay…
One of the shortest paragraphs addresses harm to Texas:
Texas faces no remotely comparable harms from the preliminary injunction. Vacating the stay will merely preserve the longstanding status quo while the litigation proceeds, just as the relevant provisions of the state law in Arizona were enjoined throughout the litigation in that case. See 567 U.S. at 394. Both the law and the equities overwhelmingly favor the same result here.
That’s the reason? “Vacating the stay will merely preserve the longstanding status quo while the litigation proceeds…”
Has Solicitor General Elizabeth Prelogar not paid attention to the border news, especially in the last six months?
Don’t answer that. I do not expect the political elites to know anything outside their bubble.
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Comments
Secede. Until the coup of November 4th perps are in the Florence Supermax.
I bet Lakin Riley’s parents could give the Supreme Court a few paragraphs on ‘comparable harm’ from some more illegal immigration.
“Newcomers”
The late Gary Graham would have had a field day hammering them on that. Gary was solidly conservative in thought and action. May he rest in peace.
American citizens being kicked to the curb and out the back of the bus to REPLACE them with a long-term underclass… the “life blood” of the Dems…and NOT of the country as they say. At least we know that if all of this ends in their planned one party state… a lot of Dems will get what they voted for…. and deserve.
If the Democrats weren’t perpetually inventing new ways to import new slaves, they might actually have to tend their own gardens.
It seems to have escaped your attention, as most actual facts do, that the flood of “immigrants” has moved to Arizona and California because of all the things that Abbott isn’t doing in Texas (according to you).
He did it 3 years late because he was forced to
He’s a rino
Paxton is the real
Deal
Three years late? That time period covers the post Trump Presidency, the politician who ran on border security as his central campaign issue. The guy who promotion build a wall….but didn’t get it done. So here we are three + years AFTER the term of the guy we elected to solve the problem not just talk about or tweet about it but SOLVE it.
You do understand how stupid this sounds–
“Three years late? That time period covers the post Trump Presidency, the politician who ran on border security as his central campaign issue. The guy who promotion build a wall….but didn’t get it done. So here we are three + years AFTER the term of the guy we elected to solve the problem not just talk about or tweet about it but SOLVE it.”
Right? When you or anyone else trots it out?
Trump fought to get that wall built. And he was undermined by RINOs, by supposed ‘conservatives who claimed to support a secured border–and by ‘conservative’ media who took the betrayals by the GOPe as a failing of Trump.
And you were throwing rocks at Paxton before you found out he was a Trump supporter. There doesn’t seem to be anything you post that you don’t lie about. Abbott has been steadily increasing security along the border since February 2021, including a thousand law enforcement and thousands of NG troops, with the feds fighting him every step of the way. Trump didn’t do much of anything about illegals for 4 years, except to get Mexico to agree to hold asylum seekers – who were crossing the border at legal checkpoints.
Azathoth: Trump “fought” to build the wall where his buddies were – California. He got a total of about 50 miles built in Texas, mostly replacing barriers already there, out of a total border of about 1200 miles. Take your crap back to your Trumpbot websites where they swallow that crap.
Azathoth,
You do realize how tired we are of Only Trump zealots refusing to admit that Trump didn’t deliver on his central campaign promise; to build the damn wall.
Stop making excuses that the ‘fearsome’ Paul Ryan + McConnell were able to punk Trump into signing a budget WITHOUT funding for our damn border wall. It’s a whiny look not a flex.
Trump could have used his VETO. He didn’t. Stop pretending Trump fought b/c.the record shows when it mattered he did no such thing; instead he meekly went along with what both McConnell and Ryan put in front of him.
Next, stop bashing everyone else who is working to make shit happen to secure the border. Is everyone on our side doing exactly what I want? Nope but at least they are in the fight making progress. But the ONLY TRUMP zealots only seem to criticize others who fall short and never hit Trump for HIS own shortcomings on this issue.
Not to worry. I just read a story over on Real Clear Politics that Brandon has admitted to flying over 320,000 illegals into the country to reduce the numbers crossing the border. You know, those numbers he was just pointing to saying things were getting better?
and that 320K is only the count for 2023 not total which we don’t have yet.
No more excuses at the Federal level.
Build the damn wall. Refuse new entry until the backlog is eliminated. Accelerate the adjudication of the 90%+ bogus Asylum claims. ID and locate the illegal aliens. Begin mass round ups of illegal aliens in the interior of the US. Charge, jail and fine employers and others who facilitate illegal aliens. Deport them. If their home Nation refuses to accept them cut all ties to that Nation, threaten to seize their financial assets and then enact a blockade on them and any Nation who refuses to honor the blockade. Not one item into or out off any Nation who refuses to repatriate their illegal alien population.
Why so concerned about Texas… the border is closed we are told. They are now flying in immigrants from the Darian gap. Since the Feds are doing it… it’s “legal” immigration.
Also… we are told that these same immigrants are the reason for the wonderful economy. Amazing that they so soon have jobs and spending their own earned money!!!!
That they are more law abiding that US citizens! You get a misdemeanor for entering the country, cash and a cell phone! See you in ten years… which is about the time those with misdemeanors from J6 will be getting out.
Texas should think about leaving.
God, I wish we would, but Abbott is pretty much all hat and no
Cattle
Made no mistake he was forced to do this and only after the state being overrun by millions and creating havoc, murder and mayhem for THREE years and seeing that President Trump had a real path to win
Said he lift a freaking finger
FOS, as always.
Yes, you ate
Are of course
What a moron! He and DeSantis are the only two governors to do their jobs.
Moron , ah name calling
I live here buddy and I know the Governor well
So suck am egg
You apparently don’t know anything, because every “factual” statement you make about Abbott and the border is a bald-faced lie
If the feds won’t do their jobs then states should be able to step in, and charge Feds for the service.
This is a “I hesitate to say that I don’t disagree with you” situation. (Bob and Ray)
A SAT-solver might help
https://en.wikipedia.org/wiki/SAT_solver
“The DOJ claimed the stay should be vacated because Texas won’t suffer any comparable harm as litigation proceeds. I’d laugh if we didn’t have a border crisis.”
The DOJ claims a lot of stupid things. I’d laugh if we didn’t have a traitor for Attorney General who is doing incomparable harm to this country.
“comparable harm”
Comparable to what?
Shut-up, racist.
(is the only answer you’re getting to that question).
That is retarded. Texas is not making its own immigration laws. Texas is just following federal immigration laws and aiding in enforcement. It is the feral government that is demanding it be allowed to NOT ENFORCE federal law.
Of course, that was the exact case made years ago when Barky colluded with Mexico to bring suit against America being served properly by Arizona and the SCOTUS agreed with the treason position. That was one of the more idiotic judicial “decisions” in all of recorded history and will be overturned the minute any logical court re-examines it.
By the courts’ rulings it seems that the feds would bring suits against states and cities if their cops took part in investigating and arresting bank robbers – since bank robbery is a federal crime. But states make laws about bank robberies … as in Pennsylvania,
Sec 3701.0 Title 18:
New York City has adopted a program called the “Migrant Relocation Program” It will pay a YEAR’S RENT to any ‘migrant’ family that moves out of New York City.
NYC fears so much ‘comparable harm’ that it will literally pay migrants to move out.
Sounds like what Bill Buckley proposed when he ran for mayor in 1965: the city would continue to pay welfare recipients their welfare wherever they went, for as long as they still needed it, so long as they moved somewhere else. Stay in the city and get nothing. The idea was that this would create an incentive for them to go somewhere where they might actually find a job, and thus no longer need welfare, or at least where the cost of living was lower, so their welfare checks would go farther, and in the worst case, in which they’d continue to sponge off the city for life, the city would be no worse off financially and would not have to suffer their crimes.
“Won’t suffer any comparable harm.”— so it’s cool to allow existing perpetual harm to proceed, just not an intensification of it? What in the living crimeny do these people eat for breakfast?
This is a major issue of attempting to discern a bright line of where States may step in where the Feds are derelict in discharging their duties, as contrasted with States’ nullification of Federal law. This will not be easy; this will be very lengthy – if discernable at all. Meanwhile, we get to suffer an enduring agony of lawlessness, and at the behest of the Court.
Again – what in living crimeny do these people eat for breakfast?
“so it’s cool to allow existing perpetual harm to proceed, just not an intensification of it? What in the living crimeny do these people eat for breakfast?”
I know! Federal budgets!
Where an increase of 5% (as opposed to 10% requested) is heralded as a “spending cut.”
In the most important news of the night for Texans, Dade the Felon was defeated in his primary.