Texas seized part of the US-Mexico border and blocked federal Border Patrol agents. Here’s what happened next

Texas seized part of the US-Mexico border and blocked federal Border Patrol agents. Here’s what happened next

https://www.yahoo.com/news/texas-seized-part-us-mexico-103113344.html

The Supreme Court may let Texas get away with a totally unconstitutional deportation law

“For well more than a century, the federal government has enjoyed near exclusive authority over immigration policy, while states have largely been restricted to assisting in carrying out federal policies. The Supreme Court has reinforced this rule many times over many decisions, such as Truax v. Raich (1915), which said that “the authority to control immigration — to admit or exclude aliens — is vested solely in the Federal Government.”
Texas, however, now wants the Supreme Court to abandon this longstanding constitutional rule, and it thinks that the political tumblers have finally aligned in a way that would lead the Court to do just that.

Texas seeks to upend the longstanding balance of power between the federal government and the states through a law, known as SB 4, which allows Texas state courts to issue deportation orders that will be carried out by Texas state officials. The law is now before the Supreme Court in two “shadow docket” cases, known as United States v. Texas and Las Americas Immigrant Advocacy v. McCraw.”

“The reason why the federal government has historically had exclusive authority over nearly all questions of immigration policy is to prevent a single state’s mistreatment of a foreign national from damaging US relations with another nation. Indeed, Hines v. Davidowitz (1941) warned that “international controversies of the gravest moment, sometimes even leading to war, may arise from real or imagined wrongs” committed against foreign nationals.

Which isn’t to say that the United States must always treat foreign citizens with caution or deference — just that a decision that could endanger the entire nation’s relationship with a foreign state should be made by a government that represents the entire nation.”

“the current Supreme Court has only a weak attachment to following precedent, especially when a precedent is widely disliked by modern-day Republicans. So there is at least some risk that the Court’s GOP-appointed majority will allow SB 4 to go into effect.”

https://www.vox.com/scotus/2024/3/12/24097438/supreme-court-texas-deportation-sb4-unconstitutional-border-migrants

The Twisted Logic of Greg Abbott’s Border Policy

“The governors and Abbott claim that states have a “right of self-defense” under Article 4, Section 4 of the Constitution (which guarantees that the federal government will “protect each [state] against Invasion”) and Article 1, Section 10, Clause 3 (which allows states to “engage in War” if “actually invaded,” which Abbott says gives Texas the “constitutional authority to defend and protect itself”).
This argument misunderstands the long-established legal and practical definitions of an “invasion.” It also misconstrues the nature of unauthorized migration.

James Madison and other drafters of the Constitution, Abbott argued, “foresaw that States should not be left to the mercy of a lawless president who does nothing to stop external threats like cartels smuggling millions of illegal immigrants across the border.” But “those who cite Madison in support of equating immigration and invasion ignore the one time he directly addressed this very question,” writes the George Mason University law professor Ilya Somin at The Volokh Conspiracy, a group blog hosted by Reason. Madison did so in “the Report of 1800, which rebutted claims that the Alien Friends Act of 1798 (which gave the president broad power to expel non-citizens) was authorized by the Invasion Clause.”

“Invasion is an operation of war,” declared Madison. “To protect against invasion is an exercise of the power of war. A power therefore not incident to war, cannot be incident to a particular modification of war. And as the removal of alien friends has appeared to be no incident to a general state of war, it cannot be incident to a partial state, or a particular modification of war.”

“Every court that has reviewed the question” of what qualifies as an invasion has interpreted it as “an ‘armed hostility from another political entity,'” wrote the Cato Institute’s David J. Bier for Reason in 2021. In 1996, California made the same argument as Abbott, saying that the federal government had failed to protect it against an “invasion” of “illegal aliens.” But the U.S. Court of Appeals for the 9th Circuit rejected that: “Even if the issue were properly within the Court’s constitutional responsibility, there are no manageable standards to ascertain whether or when an influx of illegal immigrants should be said to constitute an invasion.” Besides, the 9th Circuit said, California ignored Madison’s conclusion in Federalist No. 43 that the Invasion Clause affords “protection in situations wherein a state is exposed to armed hostility from another political entity.”

This is where Abbott runs into another issue: Undocumented immigrants bear little resemblance to an invading foreign army. Despite the constant invocations of “military-age” men crossing the border (the fearmonger’s favorite way of saying “young men”), there has also been a historic influx of migrant families. Large groups of border crossers marching through the Sonoran Desert or trudging across the Rio Grande may make good footage for media outlets intent on fearmongering, but the overwhelming majority are coming here for economic or humanitarian reasons, not to commit crimes or sow chaos.”

“By and large, people are happy to go through the legal immigration process if the steps are clear and accessible—but right now, they tend not to be. It’s up to Congress to pass immigration reforms that recognize these realities. Abbott’s misrepresentation of the Constitution does nothing to help.”

https://reason.com/2024/01/26/the-twisted-logic-of-greg-abbotts-border-policy/

Southern Border Showdown

“Abbott..signed another bill into law…Senate Bill 3 devotes $1.54 billion in taxpayer funds to the continued construction of the border wall—which comes in addition to the $1.5 billion worth of contracts the state has already devoted to building about 40 miles of wall in the last two years—and shells out some $40 million in funds for state troopers to patrol hotspots where illegal immigrants are likely to be.”

https://reason.com/2023/12/19/southern-border-showdown/

Texas’ New Immigration Law Will Lead to More Policing With Less Accountability

“Texas Gov. Greg Abbott signed a sweeping immigration enforcement bill into law.., making illegal immigration a state crime and allowing local judges to issue deportation orders. Once Senate Bill 4 takes effect, Texas law enforcement will be authorized to stop, arrest, and jail migrants—a power that could lead to racial profiling and a costly expansion of policing.
S.B. 4 makes it a state crime, ranging from a misdemeanor to a felony, for an undocumented person to enter Texas outside an official port of entry. Law enforcement will be permitted to arrest people they think entered the state illegally, and not just in the border region. S.B. 4 will let Texas law enforcement “arrest undocumented immigrants anywhere in the state,” reported The Texas Tribune. The law is set to take effect on March 5, 2024.”

https://reason.com/2023/12/19/texas-new-immigration-law-will-lead-to-more-policing-with-less-accountability/

Mayor Adams announces executive order aimed at restricting Texas Gov. Greg Abbott’s migrant busing

“The announcement came during a joint briefing with the mayors of Chicago and Denver. The three cities have formed a coalition to press the White House and federal government for more migrant aid as each metropolis grapples with the economic and governmental burden of housing, feeding and educating tens of thousands of migrants.
Adams administration officials said Tuesday that the city is receiving nearly 4,000 migrants each week. In total, more than 161,000 migrants have entered New York City since the crisis began in 2022, and 68,000 remain in the city’s care.

“I’m proud to be here with my fellow mayors to call on the federal government to do their part with one voice and to tell Texas Governor Abbott to stop the games and use of migrants as potential as political pawns,” Adams said during the Wednesday announcement. “We cannot allow buses with people needing our help to arrive without warning at any hour of day and night.”

“This not only prevents us from providing assistance in an orderly way, it puts those who have already suffered so much in danger,” he added.”

https://www.politico.com/news/2023/12/27/adams-executive-order-abbott-migrant-bus-00133250

One Texas case shows why women can’t rely on legal exceptions to abortion bans

“The Texas Supreme Court has ruled against Kate Cox, a 31-year-old woman who sought an abortion in the state. Previously, Cox argued that the lethal condition impacting her fetus and health risks she’d face during the pregnancy meant she qualified for the exemptions outlined in Texas’s abortion ban. The court decision, which comes after Cox left Texas to obtain an abortion, sets a disturbing new precedent in a state that already has one of the most restrictive abortion bans in the country.
It’s a notable ruling because it further narrows what Texas law considers medical exceptions to its abortion ban, and could have implications for other states with similar policies. Currently, abortion is broadly banned in the state, and there are limited exceptions for conditions that endanger the life of the mother or that cause “substantial impairment” of bodily functions. Given how opaque the law is, it was not clear exactly what those exceptions entailed, and though the court didn’t explicitly clarify that ambiguity in its ruling, its decision suggests that health challenges like those Cox faced — including risks to future pregnancies — don’t qualify for the exemption.

“Some difficulties in pregnancy … even serious ones, do not pose the heightened risks to the mother the exception encompasses,” the court concluded, noting that Cox’s doctor hadn’t effectively affirmed that the complications she could face — including threats to future fertility — reached the threshold for an exception to the ban.

The justices also maintained existing uncertainty when it came to providers’ prerogative to conduct abortions in the state. Some providers have refrained from giving abortion care due to fear of legal consequences: Medical professionals found in violation of Texas’s abortion law can face up to 99 years in prison as well as large fines, while those who are found to have aided in providing abortion access can face civil suits.

The court ruled that the decision about whether a condition constituted a medical emergency, and thus qualified for an exemption, should be left up to physicians and not the courts. “Under the law, it is a doctor who must decide that a woman is suffering from a life-threatening condition during a pregnancy, raising the necessity for an abortion to save her life or to prevent impairment of a major bodily function,” the decision reads. The court didn’t resolve the legal tension inherent in the fact that Cox’s doctor felt an abortion was warranted in her case while the court said it was not.”

https://www.vox.com/23997727/kate-cox-texas-abortion-ban

Texas Supreme Court rules against woman who sought abortion hours after she says she’ll travel out of state

“”If Kate can’t get an abortion in Texas, who can? Kate’s case is proof that exceptions don’t work, and it’s dangerous to be pregnant in any state with an abortion ban,” Duane said.”

https://www.yahoo.com/news/texas-woman-sought-court-order-233120702.html

The US power grid quietly survived its most brutal summer yet

“Part of the reason that Texas sometimes struggles to make enough electricity is that it has a freewheeling power market with fewer interventions from regulators than those in other states. The priority is to sell electricity in real time at the lowest possible cost, with little backup margin, although that’s starting to change. Spurred by the 2021 blackout in Texas from Winter Storm Uri that cut off power to 4 million customers and killed at least 246 people, ERCOT implemented rules to encourage more reserve power on its grid.”

https://www.vox.com/climate/23893057/power-electricity-grid-heat-wave-record-blackout-outage-climate

Texas Attorney General Blocks Injunction, Will Keep Enforcing Anti-Abortion Law

“According to the lawsuit, two plaintiffs experienced severe complications from miscarriages that went untreated due to the ban. The three other plaintiffs had fetuses with severe abnormalities that carried high risks of medical complications for the mother, like hemorrhaging.
Texas law currently bans almost all abortions, providing an exception only in the case of a “medical emergency,” defined as a “life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that, as certified by a physician, places the woman in danger of death or a serious risk of substantial impairment of a major bodily function unless an abortion is performed.”

In their lawsuit, plaintiffs argue the law is too vague, leading doctors to deny them abortions—placing the women at risk—due to concerns that the women were not in sufficiently imminent danger of death for doctors to risk possible prosecution if they performed an abortion. Under the law, doctors who perform illegal abortions face life in prison.

“With the threat of losing their medical licenses, fines of hundreds of thousands of dollars, and up to 99 years in prison lingering over their heads,” the suit states, “it is no wonder that doctors and hospitals are turning patients away—even patients in medical emergencies.””