Judge to decide if new Texas immigration law can take effect

Migrants speak with a state trooper on the banks of the Rio Grande at Shelby Park in Eagle Pass on Jan. 19, 2024.Lawyers for the Biden administration and Texas faced off in a federal court in Austin on Thursday to argue whether a new state law that would allow police to arrest people suspected of crossing the Texas-Mexico border illegally should go into effect next month.

Brian Boynton, a deputy assistant attorney general arguing on behalf of the DOJ, rejected the notion that there is an “invasion” at the southern border, a refrain Gov. Greg Abbott has repeated to justify his border efforts. Meanwhile, the Texas Attorney General’s Office has repeatedly sued the Biden administration over its immigration policies, characterizing them as open border policies. Some of those legal cases have gone to the conservative-majority U.S. Supreme Court, which has ruled in favor of the Biden administration, reaffirming decades-long precedent that the federal government has sole authority over immigration laws.

A major point of contention between the opposing parties was whether SB 4 would allow migrants to access the asylum process, which they are entitled to under federal law. Boynton said that if a migrant were arrested under SB 4, they would not have a chance to claim asylum and could be sent back to Mexico, even if that country refused to accept them.

Ezra also took issue with the fact that SB 4 would allow state judges to hear felony immigration claims. Typically, federal judges with lifetime tenure, known as Article III judges, have jurisdiction over cases where federal prosecutors seek criminal charges for immigration offenses, such as illegal entry.

Ezra said at the end of the hearing that he would try to make a decision as soon as possible and well ahead of March 5, when SB 4 is scheduled to take effect. He predicted that his decision would be appealed and that the case would ultimately make its way to the U.S. Supreme Court. “The United States has been enforcing federal crimes of illegal entry and illegal reentry in Texas since they were enacted in 1952,” DOJ lawyers argue in court documents. “Yet Texas has gone at least seven decades without an unconstitutional state counterpart like SB 4.”“Noncitizens can generally apply for asylum even when they have not entered through a port of entry,” the DOJ lawyers argue.

Law Law Latest News, Law Law Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

North Texas woman charged in former Tarrant County judge's fentanyl overdose deathThe law allowing Kami Ludwig to be charged with murder is still new and, so far, has mostly been used against drug dealers and drug suppliers -- not the buyers. It will be up to a grand jury to decide if her alleged purchase of the drugs that led to her boyfriend's overdose constitutes a murder charge.
Source: FOX4 - 🏆 289. / 63 Read more »

Judge rejects attempts to toss indictments against Texas AG Ken Paxton, keeps April trial on coursePaxton, a Republican who’s been under indictment for securities fraud since 2015, is scheduled to face a jury in April.
Source: KUT - 🏆 77. / 68 Read more »

Judge rejects Texas AG Ken Paxton's request to throw out nearly decade-old criminal chargeHouston judge keeps AG Paxton's fraud case on for April trial; he faces up to 99 years if convicted.
Source: cbsaustin - 🏆 595. / 51 Read more »

Federal judge disputes Texas' invasion claim during sweeping immigration law hearingThe state of Texas squared off against the U.S. Department of Justice and a coalition of immigrant rights groups in federal court on Thursday over whether a new state border enforcement bill is constitutional.
Source: KUT - 🏆 77. / 68 Read more »