{"id":13152,"date":"2024-03-14T20:57:00","date_gmt":"2024-03-14T20:57:00","guid":{"rendered":"http:\/\/lonecandle.com\/?p=13152"},"modified":"2024-03-14T20:57:01","modified_gmt":"2024-03-14T20:57:01","slug":"the-supreme-court-may-let-texas-get-away-with-a-totally-unconstitutional-deportation-law","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=13152","title":{"rendered":"The Supreme Court may let Texas get away with a totally unconstitutional deportation law"},"content":{"rendered":"\n

\n\n“For well more than a century, the federal government has enjoyed near exclusive authority over immigration policy<\/a>, while states have largely been restricted to assisting in carrying out federal policies. The Supreme Court<\/a> has reinforced this rule many times over many decisions, such as Truax v. Raich<\/em><\/a> (1915), which said that\u201cthe authority to control immigration \u2014 to admit or exclude aliens \u2014 is vested solely in the Federal Government.\u201d<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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<\/a> that will be carried out by Texas state officials. The law is now before the Supreme Court in two \u201cshadow docket<\/a>\u201d cases, known as United States v. Texas<\/em><\/a> and Las Americas Immigrant Advocacy v. McCraw<\/em><\/a>.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“The reason why the federal government has historically had exclusive authority over nearly all questions of immigration policy is to prevent a single state\u2019s mistreatment of a foreign national from damaging US relations with another nation. Indeed, Hines v. Davidowitz<\/em><\/a> (1941) warned that \u201cinternational controversies of the gravest moment, sometimes even leading to war, may arise from real or imagined wrongs\u201d committed against foreign nationals.<\/p>\n\n\n\n

Which isn\u2019t to say that the United States must always treat foreign citizens with caution or deference \u2014 just that a decision that could endanger the entire nation\u2019s relationship with a foreign state should be made by a government that represents the entire nation.”<\/p>\n\n\n\n

…<\/p>\n\n\n\n

“the current Supreme Court has only a weak attachment to following precedent, especially when a precedent is widely disliked by modern-day Republicans<\/a>. So there is at least some risk that the Court\u2019s GOP-appointed majority will allow SB 4 to go into effect.”<\/p>\n\n\n\n

https:\/\/www.vox.com\/scotus\/2024\/3\/12\/24097438\/supreme-court-texas-deportation-sb4-unconstitutional-border-migrants<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“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 \u201cthe authority to control immigration \u2014 to admit or exclude aliens \u2014 is vested solely in the Federal Government.\u201d
\nTexas, 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.<\/p>\n

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 \u201cshadow docket\u201d cases, known as United States v. Texas and Las Americas Immigrant Advocacy v. McCraw.”<\/p>\n

…<\/p>\n

“The reason why the federal government has historically had exclusive authority over nearly all questions of immigration policy is to prevent a single state\u2019s mistreatment of a foreign national from damaging US relations with another nation. Indeed, Hines v. Davidowitz (1941) warned that \u201cinternational controversies of the gravest moment, sometimes even leading to war, may arise from real or imagined wrongs\u201d committed against foreign nationals.<\/p>\n

Which isn\u2019t to say that the United States must always treat foreign citizens with caution or deference \u2014 just that a decision that could endanger the entire nation\u2019s relationship with a foreign state should be made by a government that represents the entire nation.”<\/p>\n

…<\/p>\n

“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\u2019s GOP-appointed majority will allow SB 4 to go into effect.”<\/p>\n

https:\/\/www.vox.com\/scotus\/2024\/3\/12\/24097438\/supreme-court-texas-deportation-sb4-unconstitutional-border-migrants<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[13],"tags":[429,790,26,493,25,1213,528,21],"class_list":["post-13152","post","type-post","status-publish","format-standard","hentry","category-article-share","tag-constitution","tag-courts","tag-illegal-immigration","tag-immigrants","tag-immigration","tag-judiciary","tag-supreme-court","tag-texas"],"_links":{"self":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/13152","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13152"}],"version-history":[{"count":1,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/13152\/revisions"}],"predecessor-version":[{"id":13153,"href":"https:\/\/lonecandle.com\/index.php?rest_route=\/wp\/v2\/posts\/13152\/revisions\/13153"}],"wp:attachment":[{"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13152"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13152"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lonecandle.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13152"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}