Interesting. I don't think Abbott or the Texas GOP legislators realize that this state law has the (most likely) unintended consequence of giving the arrestees due process rights under our Constitution -- something they don't have under our federal immigration laws.
.
That is because it is not a crime to be in this country without authoriz…
Interesting. I don't think Abbott or the Texas GOP legislators realize that this state law has the (most likely) unintended consequence of giving the arrestees due process rights under our Constitution -- something they don't have under our federal immigration laws.
.
That is because it is not a crime to be in this country without authorization. It is a civil matter, which is why people who are detained for immigration violations have no right to an attorney along with other rights that they would be afforded if it were a crime.
If this nation can once again get a rational Supreme Court that isn't owned by the wealthy, we may get fair re-districting around the country. At least, I can dream about it. And then we could get the power-crazy out of office.
I can't wait. Just joking Mike. I feel entitled to do that since it appears that I'm older than you. I agree with Lynn. And the word dream was used. In addition to that, dreams can last a long time. We are still working on MLK's dream.
The sickening part of this situation to me is that Biden could tomorrow put forward 2 new Supreme Court nominees. Based on the Senate rule changes made by McConnell/the GOP in the last decade, 50 Democratic senators (+ Harris) could then approve those 2 appointments to the Supreme Court. The Court would then have 11 members, and be far more balanced.
Republicans would, of course, scream bloody murder about Democrats doing this, even though they themselves stole 2 Supreme Court seats in recent years. So, Dems would benefit greatly from having a strong shield against that fury.
For that, I've proposed, in an OpEd, that Biden and the Democrats carry out this expansion, AND at the same time put forward a constitutional amendment that would correct all of the historical weaknesses in the Court (term limits, age limits, etc.). It would also return the Court to 9 members permanently. Such a proposed amendment, even if it had zero chance of passing at the moment, would show what Democrats are trying to accomplish - a far more balanced and functional SCOTUS for generations to come.
Last year I had no luck getting this OpEd/proposal published in multiple large national newspapers. So I gave up. Maybe I'll revise the draft and try again in 2025, if Dems win the Senate and WH again. 🤞🏼🤞🏼
There is a MAGA organization --Mother Against Governor Abbott -- that is doing a lot to get rid of him. The abortion law might be the thing. Check out their web site.
The case for Immediate Injunctive Relief is Immigrant Advocacy Center & El Paso County et al filed in the Austin Division of the Western District of Texas, Case No. 1-23-cv-1537 .
Until a TRO is entered travelers in adjacent states should heed the ACLU warning of the possibility of unconstitutional acts by the state of Texas which is actionable at law.
What is amazing is that almost the identical clearly unconstitutional statute was authorized in Arizona about a decade ago, and attempted to be enforced with the usual racist zeal exhibited by the dimwitted caricature from a Smoky and the Bandit movie, Joe Arpaio. The Supremes struck it down with more powerful zeal, citing the obvious constitutional supremacy of the federal government over immigration.
Beyond Abbott's god awful reckless racism, I suspect that the Dobbs decision may have empowered him to sign this preposterous statute. Remember, Dobbs started off not as an attempt to reverse Roe, but to ratchet back the time within which States could regulate the right to an abortion. Only after Amy "Coney Island" Barrett was appointed to the Court in stark opposition to Machiavellian Mitch McConnell's previous edict that no new Justices could be appointed in a Presidential election year, did Mississippi modify their claim for relief to the complete reversal of Roe.
As HCR pointed out, the Tejas Republicans are open about running a clearly unconstitutional argument up the flagpole because of the three Trump appointed Justices' presence on the Court.
At no previous time in history has a group of advocates attempted such an openly politicized move seeking reward from an openly politicized court.
This is truly shameful, and whether via TRO, or other remedy, should be stopped in its tracks
The Supreme Court has been a weapon against the minority since the United States was formed by John Adams writings and later the Constitutional Convention.
Using the Supreme Court to hold down minority populations in the US is normal and has existed since the inception of a tripartite government with a co-equal judicial branch.
Also, the John Roberts Supreme Court has upheld Gerrymandering laws that limit minority participation in voting through packing that Republicans do all the time.
In fact, I would say that supporting slavery/segregation, then Jim Crow, and sustaining all white admissions to colleges and now the slow repeal of the 1965 Civil Rights legislation has been a CONSTANT Goal of the Supreme Court throughout US History.
Perhaps at no time in history has so much of American government and its courts been so blatantly on sale and its political parties been such willing sellers.
And Texans will pay the legal costs to defend a blatantly unconstitutional law in the Supreme Court for a political stunt, just like we Ohioans have done repeatedly over the last decade with abortion laws. That money could be way better spent in improving their electrical grid.
Yes, the Supreme Court too has been poisoned by t-rump. Perhaps there is a way to banish Thomas who has clearly sold himself. Where is the IRS in his case??
And it is just as bad or worse in Florida. Our governor/would be king has been stealing immigrants from Texas just to make his case for the ‘massive immigration numbers’ he says are threatening our state.
Federal immigration is a mess, and it is the fault of the Congress, not the POTUS! Dems need to emphasize that the desperate situations at the borders are a result of the Republicans in Congress who care more about fighting amongst themselves than getting any work done. Chaos seems to be their end game so they can blame the POTUS.
We need a big win politically in 2024, both in the executive and also the legislative branches of government to prevent the chaos goal of the tRumplicans!
My daughter recently had to replace her roof in FL in order to get homeowner's insurance. It was 17 years old and in great condition. The roof had weathered two hurricanes and countless other storms. But, if your roof is over 15 years old in FL and you switch carriers no matter the reason, you have to have your roof replaced otherwise they will not insure you.
FL has a state run homeowner's insurance company that is losing billions of dollars a year. The rates they charge go up every year some years by 20% or more. The Republican legislature only knows how to deal with issues like what should be taught in schools and nothing related to fiscal policy.
Mark my words, they will soon go to Uncle Sam to bail this state run company out. But DeSantis thinks he has what it takes to be President. He's a joke.
"Federal immigration is a mess"..."the desperate situations at the borders"...Really? The only situation I can see from here; 25 miles north of the Mexican border in Nogales, Arizona, is that the Border Patrol can't hire or keep enough agents to handle the paperwork of people who are coming to the border to ask for refuge from their corrupt governments. Governments that the US set up for failure either through the CIA or the MIlitary.
It's Christmas shopping season so we see lots of cars and buses taking people to Tucson or Phoenix to buy Christmas presents. And the Usual thousands of refrigerator trucks going north with fruits and vegetables for US grocery stores. And the thousands of people who cross the border to work every day -- both Mexican citizens working in the US and US citizens working in Mexico.
The "mess" and "desperate situation" is political more than real. And don't blame Biden for not getting the laws updated; there's a long history of attempts at immigration reform that were not allowed through Congress; both Democrats and Republicans have been trying for at least 50 years.
The first Federal Immigration law was passed in 1875 and it, like every other Federal Immigration law was based in racism.
From the day Biden took office, it's been very clear that immigration policies and procedures on our southern border were a total and cruel mess. I don't understand how we could have gotten to late 2023 without Team Biden having put forward a 10-15 point plan for comprehensive immigration reform.
Of course it would be controversial, and the Republicans would attack it like mad. BUT it would clearly show that Biden is taking this issue extremely seriously, knows that comprehensive reform is the only way forward, and has strong ideas. He could also use it to beat the GOP over the head for complaining, but doing nothing, for decades.
Remember, this is how Obama put forward the ACA. Much debate and revision occurred thereafter, but it became the law of the land eventually. It seems to me like political malpractice that the White House has not done this, meaning that there will be border drama and trauma constantly for the next year and Republicans will milk it for all it's worth.
My suspicion is that this very complex issue got put on a back burner, because of the threats to democracy, Ukraine, inflation, etc. But it's the job of the White House TEAM not to let critical issues (especially ones that can do great political damage) stay on the back burner for long. 😠
Read up on the history of attempts to update/reform/change Federal Immigration law.
There have been many attempts by both Republican and Democratic administrations in just the last 50 years. None have made it through the legislative process. They either don't make it out of committee or don't make it past more than one branch.
Immigration is much too valuable as a campaign issue let it be actually solved. Abortion was the same until Trump, who doesn't understand anything about how government actually works filled the Supreme Court with true believers. And look what a mess that has created for the Republicans!
I’ve heard teachers in other school districts with higher Hispanic populations, talk about children being followed home and leading to detainment of family members. It’s been happening for a very long time in Texas. A friend maybe five years ago said some students would be absent for days for fear of being followed home. What a horrible strain on children and families!
Reminds me of the Fugitive Slave laws only somewhat gotten around by buying or a slave and manumitted them like Grant did with his slave, William, "purchased" from his father-in-law.
It seems many Quakers also "owned" slaves as did Free Black Men, more to protect them from abuse by others since "Property" rights trumped human rights back then.
Who presumes to effectively "own" women enough to have them be treated as fugitives that must be returned or persecuted in the states they have to flee to get true human justice.
Great point, Yvette Joy Liebesman, being here without legal documents is not crime. QUESTION: What's really the core motivating factor for Texas Governor Abbott and the rest of the MAGA/KKK Republicans? ANSWER: Fear that their precious "white blood" will be contaminated by that of the immigrants. This is rank racism, pure and simple. So, here we are again, engaged in another struggle to determine whether a nation so conceived and so dedicated can long endure. President Lincoln: we're not going down without one helluva fight. Thank you for your insight.
It's Juan Crow. Which historically includes not just Texas, but also California, Arizona, Alabama and Georgia. Also sounds a lot like what we've heard from Florida recently.
Yes, in addition to Texas, California, Arizona, Alabama and Georgia for Juan Crow, Florida jumps to the front with Texas. Florida has become a Nazi stronghold.
There is more sadness to go with the assassination of Pres. Abraham Lincoln - he was only 56 years old when he died, 26 years younger than what I am now. My two daughters were right many, many years ago: Life is unfair.
Yvette, I once heard that the feds could stop most anyone in Florida & search them without cause since the penisula is so narrow and their jurisdiction is within 100 miles from the coast.
From Wikipedia:
In United States criminal law, the border search exception is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. Generally speaking, searches within 100 miles of the border are more permissible without a warrant than those conducted elsewhere in the U.S. The doctrine also allows federal agents to search people at border crossings without a warrant or probable cause. The government is allowed to use scanning devices and to search personal electronics. Invasive bodily searches, however, require reasonable suspicion.
Interesting. I don't think Abbott or the Texas GOP legislators realize that this state law has the (most likely) unintended consequence of giving the arrestees due process rights under our Constitution -- something they don't have under our federal immigration laws.
.
That is because it is not a crime to be in this country without authorization. It is a civil matter, which is why people who are detained for immigration violations have no right to an attorney along with other rights that they would be afforded if it were a crime.
.
Crappy, inhumane law nonetheless.
These Texas half-wits led by Abbott are way too dumb to grasp that nuance.
Burton The Texas version of Abbott & Costello is Abbott & AttGen Paxton, though the latter are pathetic rather than comical.
They have help.
There is a group who call themselves the other MAGA: Moms Against Greg Abbot.
If this nation can once again get a rational Supreme Court that isn't owned by the wealthy, we may get fair re-districting around the country. At least, I can dream about it. And then we could get the power-crazy out of office.
Not likely in my lifetime. Which, is probably about another 20 years with a little luck.
I can't wait. Just joking Mike. I feel entitled to do that since it appears that I'm older than you. I agree with Lynn. And the word dream was used. In addition to that, dreams can last a long time. We are still working on MLK's dream.
Jay,
Don't rush. One day at a time!
The sickening part of this situation to me is that Biden could tomorrow put forward 2 new Supreme Court nominees. Based on the Senate rule changes made by McConnell/the GOP in the last decade, 50 Democratic senators (+ Harris) could then approve those 2 appointments to the Supreme Court. The Court would then have 11 members, and be far more balanced.
Republicans would, of course, scream bloody murder about Democrats doing this, even though they themselves stole 2 Supreme Court seats in recent years. So, Dems would benefit greatly from having a strong shield against that fury.
For that, I've proposed, in an OpEd, that Biden and the Democrats carry out this expansion, AND at the same time put forward a constitutional amendment that would correct all of the historical weaknesses in the Court (term limits, age limits, etc.). It would also return the Court to 9 members permanently. Such a proposed amendment, even if it had zero chance of passing at the moment, would show what Democrats are trying to accomplish - a far more balanced and functional SCOTUS for generations to come.
Last year I had no luck getting this OpEd/proposal published in multiple large national newspapers. So I gave up. Maybe I'll revise the draft and try again in 2025, if Dems win the Senate and WH again. 🤞🏼🤞🏼
We need four seats on SCOTUS. With luck and lots of Blue, we’ll get them.
There is a MAGA organization --Mother Against Governor Abbott -- that is doing a lot to get rid of him. The abortion law might be the thing. Check out their web site.
The case for Immediate Injunctive Relief is Immigrant Advocacy Center & El Paso County et al filed in the Austin Division of the Western District of Texas, Case No. 1-23-cv-1537 .
Until a TRO is entered travelers in adjacent states should heed the ACLU warning of the possibility of unconstitutional acts by the state of Texas which is actionable at law.
What is amazing is that almost the identical clearly unconstitutional statute was authorized in Arizona about a decade ago, and attempted to be enforced with the usual racist zeal exhibited by the dimwitted caricature from a Smoky and the Bandit movie, Joe Arpaio. The Supremes struck it down with more powerful zeal, citing the obvious constitutional supremacy of the federal government over immigration.
Beyond Abbott's god awful reckless racism, I suspect that the Dobbs decision may have empowered him to sign this preposterous statute. Remember, Dobbs started off not as an attempt to reverse Roe, but to ratchet back the time within which States could regulate the right to an abortion. Only after Amy "Coney Island" Barrett was appointed to the Court in stark opposition to Machiavellian Mitch McConnell's previous edict that no new Justices could be appointed in a Presidential election year, did Mississippi modify their claim for relief to the complete reversal of Roe.
As HCR pointed out, the Tejas Republicans are open about running a clearly unconstitutional argument up the flagpole because of the three Trump appointed Justices' presence on the Court.
At no previous time in history has a group of advocates attempted such an openly politicized move seeking reward from an openly politicized court.
This is truly shameful, and whether via TRO, or other remedy, should be stopped in its tracks
"At no previous time in history has a group of advocates attempted such an openly politicized move seeking reward from an openly politicized court."
Daniel, you might take a look at the Dred Scott vs Sanford Supreme Court Case.
https://en.wikipedia.org/wiki/Dred_Scott_v._Sandford
The Supreme Court has been a weapon against the minority since the United States was formed by John Adams writings and later the Constitutional Convention.
Using the Supreme Court to hold down minority populations in the US is normal and has existed since the inception of a tripartite government with a co-equal judicial branch.
https://19thnews.org/2023/06/supreme-court-overturns-affirmative-action-college-admissions/
Also, the John Roberts Supreme Court has upheld Gerrymandering laws that limit minority participation in voting through packing that Republicans do all the time.
https://ballsandstrikes.org/law-politics/new-hampshire-supreme-court-ruling-john-roberts/
In fact, I would say that supporting slavery/segregation, then Jim Crow, and sustaining all white admissions to colleges and now the slow repeal of the 1965 Civil Rights legislation has been a CONSTANT Goal of the Supreme Court throughout US History.
Thanks Mike. I liked Daniel's comment, but I suspected that that sentence might have been a historical overreach.
Yes, Daniel's hopeful statement has some attraction, no doubt.
But, (real) US History can sap the hope from a marble.
https://prospect.org/justice/2023-12-20-american-judiciary-failing-trump-test/
https://prospect.org/politics/2023-12-19-is-aipac-good-for-the-jews/
Perhaps at no time in history has so much of American government and its courts been so blatantly on sale and its political parties been such willing sellers.
You nailed it.
And Texans will pay the legal costs to defend a blatantly unconstitutional law in the Supreme Court for a political stunt, just like we Ohioans have done repeatedly over the last decade with abortion laws. That money could be way better spent in improving their electrical grid.
Oh yes - speaking of Texas electrical grids & what happens to mainly the minority of folks who suffer when it poops out?
Texas - do they still want to secede?
It appears to me as an outsider, that the Texas Republicans are trying to rub their stale into the ground.
Winter 23-24 starts Today, 12/21, starting the annual worry about the stability of the Texas' Power Grid or lack thereof.
Abbott don’t care, nor does Ted
Forget it Jake. It's Texas.
Or lack thereof. Truer words were never spoken. Time for the Cruz to head to Where?????? Mexico of course.
Yes, the Supreme Court too has been poisoned by t-rump. Perhaps there is a way to banish Thomas who has clearly sold himself. Where is the IRS in his case??
The state law allows for arrests merely for being in this country without authorization. Not just those captured crossing.
And not just for immigration purposes. Don’t ever forget their draconian vigilante laws surrounding abortion.
And it is just as bad or worse in Florida. Our governor/would be king has been stealing immigrants from Texas just to make his case for the ‘massive immigration numbers’ he says are threatening our state.
Federal immigration is a mess, and it is the fault of the Congress, not the POTUS! Dems need to emphasize that the desperate situations at the borders are a result of the Republicans in Congress who care more about fighting amongst themselves than getting any work done. Chaos seems to be their end game so they can blame the POTUS.
We need a big win politically in 2024, both in the executive and also the legislative branches of government to prevent the chaos goal of the tRumplicans!
My daughter recently had to replace her roof in FL in order to get homeowner's insurance. It was 17 years old and in great condition. The roof had weathered two hurricanes and countless other storms. But, if your roof is over 15 years old in FL and you switch carriers no matter the reason, you have to have your roof replaced otherwise they will not insure you.
FL has a state run homeowner's insurance company that is losing billions of dollars a year. The rates they charge go up every year some years by 20% or more. The Republican legislature only knows how to deal with issues like what should be taught in schools and nothing related to fiscal policy.
Mark my words, they will soon go to Uncle Sam to bail this state run company out. But DeSantis thinks he has what it takes to be President. He's a joke.
The chaos will keep a 2024 victory from happening. That is the plan.
These "governors" think they are above the law and can abandon the Constitution @ will. Grrr!
"Federal immigration is a mess"..."the desperate situations at the borders"...Really? The only situation I can see from here; 25 miles north of the Mexican border in Nogales, Arizona, is that the Border Patrol can't hire or keep enough agents to handle the paperwork of people who are coming to the border to ask for refuge from their corrupt governments. Governments that the US set up for failure either through the CIA or the MIlitary.
It's Christmas shopping season so we see lots of cars and buses taking people to Tucson or Phoenix to buy Christmas presents. And the Usual thousands of refrigerator trucks going north with fruits and vegetables for US grocery stores. And the thousands of people who cross the border to work every day -- both Mexican citizens working in the US and US citizens working in Mexico.
The "mess" and "desperate situation" is political more than real. And don't blame Biden for not getting the laws updated; there's a long history of attempts at immigration reform that were not allowed through Congress; both Democrats and Republicans have been trying for at least 50 years.
The first Federal Immigration law was passed in 1875 and it, like every other Federal Immigration law was based in racism.
From the day Biden took office, it's been very clear that immigration policies and procedures on our southern border were a total and cruel mess. I don't understand how we could have gotten to late 2023 without Team Biden having put forward a 10-15 point plan for comprehensive immigration reform.
Of course it would be controversial, and the Republicans would attack it like mad. BUT it would clearly show that Biden is taking this issue extremely seriously, knows that comprehensive reform is the only way forward, and has strong ideas. He could also use it to beat the GOP over the head for complaining, but doing nothing, for decades.
Remember, this is how Obama put forward the ACA. Much debate and revision occurred thereafter, but it became the law of the land eventually. It seems to me like political malpractice that the White House has not done this, meaning that there will be border drama and trauma constantly for the next year and Republicans will milk it for all it's worth.
My suspicion is that this very complex issue got put on a back burner, because of the threats to democracy, Ukraine, inflation, etc. But it's the job of the White House TEAM not to let critical issues (especially ones that can do great political damage) stay on the back burner for long. 😠
Read up on the history of attempts to update/reform/change Federal Immigration law.
There have been many attempts by both Republican and Democratic administrations in just the last 50 years. None have made it through the legislative process. They either don't make it out of committee or don't make it past more than one branch.
Immigration is much too valuable as a campaign issue let it be actually solved. Abortion was the same until Trump, who doesn't understand anything about how government actually works filled the Supreme Court with true believers. And look what a mess that has created for the Republicans!
ICE has already deported a number of US citizens because they looked "foreign".
I’ve heard teachers in other school districts with higher Hispanic populations, talk about children being followed home and leading to detainment of family members. It’s been happening for a very long time in Texas. A friend maybe five years ago said some students would be absent for days for fear of being followed home. What a horrible strain on children and families!
"I'm a Cancer with a bad moon rising, man"!!
Haha !
How awful!
Reminds me of the Fugitive Slave laws only somewhat gotten around by buying or a slave and manumitted them like Grant did with his slave, William, "purchased" from his father-in-law.
See https://www.whitehousehistory.org/the-formerly-enslaved-household-of-the-grant-family
It seems many Quakers also "owned" slaves as did Free Black Men, more to protect them from abuse by others since "Property" rights trumped human rights back then.
Who presumes to effectively "own" women enough to have them be treated as fugitives that must be returned or persecuted in the states they have to flee to get true human justice.
As General Sheridan said, "If I owned Texas and Hell I'd rent out Texas and live in Hell." Couldn't agree with the man more.
Has become so, wasn’t always. Blame Karl Rove and W, 1994
Great point, Yvette Joy Liebesman, being here without legal documents is not crime. QUESTION: What's really the core motivating factor for Texas Governor Abbott and the rest of the MAGA/KKK Republicans? ANSWER: Fear that their precious "white blood" will be contaminated by that of the immigrants. This is rank racism, pure and simple. So, here we are again, engaged in another struggle to determine whether a nation so conceived and so dedicated can long endure. President Lincoln: we're not going down without one helluva fight. Thank you for your insight.
It's Juan Crow. Which historically includes not just Texas, but also California, Arizona, Alabama and Georgia. Also sounds a lot like what we've heard from Florida recently.
Yes, in addition to Texas, California, Arizona, Alabama and Georgia for Juan Crow, Florida jumps to the front with Texas. Florida has become a Nazi stronghold.
I think ole monster Greg Abbott might want a presidential position
There is more sadness to go with the assassination of Pres. Abraham Lincoln - he was only 56 years old when he died, 26 years younger than what I am now. My two daughters were right many, many years ago: Life is unfair.
Yvette, I once heard that the feds could stop most anyone in Florida & search them without cause since the penisula is so narrow and their jurisdiction is within 100 miles from the coast.
From Wikipedia:
In United States criminal law, the border search exception is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. Generally speaking, searches within 100 miles of the border are more permissible without a warrant than those conducted elsewhere in the U.S. The doctrine also allows federal agents to search people at border crossings without a warrant or probable cause. The government is allowed to use scanning devices and to search personal electronics. Invasive bodily searches, however, require reasonable suspicion.