In December 2023, Abbott signed SB 4 into law as part of a package of immigration and border security bills. SB 4 gives state law enforcement the power to arrest, detain and deport individuals suspected of entering the country illegally. It closely followed federal law, treating illegal entry as a misdemeanor and illegal re-entry as a felony. Individuals accused of illegally crossing the southern border are only allowed to either accept a magistrate judge's deportation order or face a second-degree felony charge for non-compliance under SB 4.
However, on Thursday, Feb. 29, Senior Judge David Ezra of the United States District Court for the District of Hawaii decided to enjoin SB 4.
According to Ezra, the law could create problems for people seeking asylum and might lead to the imprisonment of noncitizens before they are sent back. This could make it much more difficult for these individuals to apply for asylum once they have entered the country.
"Several factors warrant an injunction. First, the Supremacy Clause and Supreme Court precedent affirm that states may not exercise immigration enforcement power except as authorized by the federal government," Ezra wrote in his ruling. The judge also argued that the influx of migrants and immigration surges do not invoke the meaning of an "invasion."
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Abbott immediately released an official statement that the state government would file an appeal to the U.S. Court of Appeals for the Fifth Circuit following Ezra's ruling.
The governor also took the issue to X, formerly Twitter, and vowed to continue fighting for the enactment of SB 4. (Related: Texas showdown with the federal government continues as Gov. Abbott says state is "prepared" to handle potential Biden federalization of state national guard.)
"Texas will immediately appeal this decision, and we will not back down in our fight to protect our state—and our nation—from President Biden's border crisis. Texas has the right to defend itself because of President Biden's ongoing failure to fulfill his duty to protect our state from the invasion at our southern border," Abbott said in an official statement.
Abbott has been fighting for Texas' right to self-defense since January
Abbott has been criticizing the federal government for its failure to enforce immigration laws and protect Texas from the invasion of illegal immigrants since January.
In response to the negligence, Abbott claims Texas has the constitutional right to defend itself if the federal government fails to do so.
"The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting states, including immigration laws on the books right now. President [Joe] Biden has refused to enforce those laws and has even violated them. The result is that he has smashed records for illegal immigration," Abbott said at the time.
Abbott also claimed back then that the framers of the U.S. Constitution, including Founding Fathers James Madison and Alexander Hamilton, "foresaw that states should not be left to the mercy of a lawless president who does nothing to stop external threats" such as Mexican cartels who smuggle illegal immigrants across the border. He pointed out that these Founding Fathers included a clause in the Constitution that mandates that the federal government "shall protect each [state] against invasion."
In other words, if the federal government fails to fulfill its constitutionally bound duty, Texas should be allowed to invoke its constitutional right to self-defense and its constitutional authority to protect its borders.
"That authority is the supreme law of the land and supersedes any federal statutes to the contrary," said Abbott. "The Texas National Guard, the Texas Department of Public Safety and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border."
Learn more about the battle to secure the border at OpenBorders.news.
Watch this Jan. 25 episode of "Brighteon Broadcast News" as Mike Adams, the Health Ranger, discusses the ongoing legal and political battle between Texas Gov. Greg Abbott and the Biden administration over the state's right to defend itself against migrant invasion.
This video is from the Health Ranger Report channel on Brighteon.com.
More related stories:
Texas Gov. Abbott slams NYC mayor’s $53M "Cash for Migrants" program.
Greg Abbott denounces $708M lawsuit against bus companies transporting illegals to NYC.
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