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Biden admin threatens to sue Texas if state arrests and deport migrants

1LoverofGod

Well-known
The Biden administration warned Texas Republican Gov. Greg Abbott on Thursday that legal action will be taken if the state enforces a new law that allows authorities to arrest, jail, prosecute and deport migrants who enter the country illegally.

A Justice Department official said in a letter sent to Abbott that the law was unconstitutional and “contrary to the US commitment of ensuring the processing of noncitizens consistent with the Immigration and Nationality Act.”

The law, dubbed SB4 or Senate Bill 4, is part of the state’s Operation Lone Star. It goes into effect on March 5.

“SB 4 is preempted and violates the United States Constitution. Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law,” Principal Deputy Assistant Attorney General Brian M. Boynton writes in the missive, obtained by CBS News.

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If the Federal government tries to sue Texas for proposing laws that are for the best interest of the State, especially having to do with security, this will have to go to the Supreme Court because the States have their own powers that can be exercised and the federal government cannot infringe on these State powers that can over ride the Federal government.

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Another basic concept embodied in the Constitution is federalism, which refers to the division and sharing of power between the national and state governments.1 By allocating power among state and federal governments, the Framers sought to establish a unified national government of limited powers while maintaining a distinct sphere of autonomy in which state governments could exercise a general police power.2 Although the Framers’ sought to preserve liberty by diffusing power,3 Justices and scholars have noted that federalism has other advantages,4 including that it allows individual states to experiment with novel government programs as laboratories of democracy5 and increases the accountability of elected government officials to citizens.6

Although the text of the Constitution does not clearly delineate many of the boundaries between the powers of the federal and state governments, the Supreme Court has frequently invoked certain constitutional provisions when determining that Congress has exceeded its constitutional powers and infringed upon state sovereignty.


 
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