>>17596483
>>17596496
Why Texas cannot declare an ‘invasion’ at the border
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But this is a Texas-sized bad idea. There are legal and practical reasons why states cannot take immigration matters into their own hands. It is well-settled law that immigration enforcement is the jurisdiction of the federal government. There is no getting around this, so any plan like Abbott’s will only result in wasteful lawsuits. Plus, using words like “invasion” when discussing migration is divisive and puts Latinos and immigrants at risk.
Former Trump administration officials say Abbott could declare an invasion by invoking two clauses in the Constitution. One clause says that the U.S. government shall protect states from invasion, while another says states cannot engage in war except when “actually invaded.”
If this legal rationale seems convoluted, that’s because it is.
As recently as 2012, in the case arising from Arizona’s “papers, please” law, the Supreme Court affirmed that states cannot set immigration policy. “Arizona may have understandable frustrations with the problems caused by illegal immigration … but the state may not pursue policies that undermined federal law,” wrote Justice Anthony Kennedy in the majority opinion. Other immigration lawsuits by states relying on the “invasion clause” have likewise failed in lower courts. Were Abbott to declare an invasion, his plan would be struck down by the courts as well.
In the meantime, such a proposal could expose state law enforcement officials to criminal liability. “There are federal laws that law enforcement can be prosecuted under if they were to take someone without authority and immediately return them across the border,” Abbott himself said in an April news conference. He’s right. Besides, any state action on immigration would likely run counter to the Constitution’s Supremacy Clause, which establishes that federal law takes precedence over state law.
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https://thehill.com/opinion/immigration/3477083-why-texas-cannot-declare-an-invasion-at-the-border/