#Texas SB4

[masterofd1saster]

CJ court watch United States v. Texas, No. 23A814 is not what you may have heard.

The Court did not approve of Texas arresting anyone. The Court did not approve of any action by the trial court or by the court of appeals in this case.

What happened was that Texas Senate Bill 4 authorized Texas law enforcement to arrest illegal aliens. Various parties sued, and the trial court prohibited enforcement of SB4. Texas appealed to the 5th Circuit Court of Appeals which had stayed the orders of the trial court. Texas was thus able to enforce SB4.

The U.S. and others then appealed to the Supreme Court and asked that the 5th Cir. order itself be stayed. On 4mar24, J. Alito issued an administrative stay of the 5th Cir. order, so Texas was back to square 1 - it couldn't enforce SB4.

On 19mar24, the Supreme Court looked at all the temporary, administrative stays and told the 5th Cir. to go back and consider in more detail whether its order should be more formally stayed pending appeal to the Supreme Court. So Texas can once more enforce SB4 until there is some other court order.

The vote was 5 - 4. The opinions are at https://www.supremecourt.gov/opinions/23pdf/23a814_febh.pdf. The docket is at https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23a814.html.

None of this is permanent. None of this sets any precedent of which I'm aware.

[finnnothuman]

The Supreme Court upholding SB4 is fucking disgusting. Inherently very racist bill, and is going to exasperate a very depleted legal system in Texas. Probably going to cost us taxpayers in TX MILLIONS, and God only knows what atrocities will be committed against these migrants. CRAZY.

[head-post]

US court continues to block Texas immigration law

A US appeals court on Tuesday put on hold a Republican-backed Texas law allowing state authorities to arrest and prosecute people suspected of illegally crossing the US-Mexico border.

In a 2-1 decision, a panel of the 5th US Circuit Court of Appeals in New Orleans rejected Texas’ request to allow the law to take effect while the state appeals the decision of the judge who blocked it to an appeals court.

The law, officially called SB4, has become a hot-button issue in a broader fight between Texas and the Biden administration over border security and immigration. It would make it a state crime to illegally enter or re-enter Texas from another country, and give state judges the power to order violators to leave the US, sentencing them to up to 20 years in prison for refusing to comply.

The 5th Circuit panel’s decision was the latest of three hasty rulings on the law’s status. Last week, the Supreme Court allowed it to take effect, but hours later, the 5th Circuit panel reinstated US District Judge David Ezra’s February injunction blocking its enforcement.

Read more HERE

[juliomarciano]

leyes de inmigracion en el estado de Texas en Estados Unidos entre otros tantos temas mas

[centraldenoticiasmx]

Condena Xóchitl Gálvez Ley SB4 de Texas

🖊️#Elecciones2024 | Condena Xóchitl Gálvez Ley SB4 de Texas +INFO:

[william-r-melich]

Shame on the Appeals Court - 03/20/2024

Late yesterday, the 5th Circuit Federal Appeals Court blocked Texas with a temporary injunction from enforcing their SB4 law which would allow Texas to arrest and deport migrants who enter their state illegally. Earlier yesterday, the SCOTUS (Supreme Court of the United States) issued an emergency appeal to remove a previous stay that was blocking SB4, a huge win for Texas. I didn't know that a Supreme Court appeal could be blocked by a lower Federal Court of Appeals, and they did so in the same day, crazy. So, Texas went from celebrating a victory for border security, to going back to being angrily frustrated at not being able to stop the stampede of illegal crossings. The 5ht circuit is entertaining arguments today on whether to stay the injunction, pending the outcome of an appeal at the SCOTUS.

“A majority of the panel has concluded that the administrative stay entered by a motions panel on March 2, 2024, should be lifted,” the unsigned order by the court reads. Yesterday, on March 19th, circuit judge Andrew Oldman disagreed: “I would leave that stay in place pending tomorrow’s oral argument on the question.” That was just hours after the SCOTUS had rejected an emergency request from the Biden jackasses to look at the administrative stay directed by the 5th Circuit's prior panel. The DOJ's (Department of Justice) stance on the law is that it violates the Constitution's Supremacy Clause which declares that states do not have the right to enforce immigration laws.

As per usual with emergency appeals, the Supreme Court did not give a reason for issuing their order. Justices Brett Kavanaugh and Amey Coney Barrett issued aligning opinions. Barrett wrote on regarding actions of the high court: “never reviewed the decision of a court of appeals to enter—or not enter—an administrative stay.” She continued, that it is “unwise to invite emergency litigation in this Court about whether a court of appeals abused its discretion at this preliminary step.”

Liberal justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson had dissenting opinions. Sotomayor said the order “invites further chaos and crisis in immigration enforcement.” She went on to write that the law “upends the federal-state balance of power that has existed for over a century, in which the National Government has had exclusive authority over entry and removal of noncitizens.” - I say, bullstit! States have always had the legal right and shared responsibility for protecting their sovereignty. Yesterday, the Mexican government said that it will not accept any illegal migrants coming back to them no matter what. They said that anyone deported who is not a Mexican citizen does not have to be accepted by them.

All governor Abbott wants to do is to enforce the laws to keep his state safe and secure, and the Biden commies are doing everything they can to impede that. It's disgusting! Will this nightmare ever end? I sure hope so.

[cristinabcn]

MIGRATE IN DIFFICULT TIMES: IVÁN URIEL, 35 YEARS OF TRAVEL

MIGRAR EN TIEMPOS DIFÍCILES: IVÁN URIEL, 35 AÑOS DE TRAYECTORIA NIDIA SANCHEZ Periodista, Escritora, Directora Gral de La Agencia Mundial de Prensa México, Columnista – Prensa Especializada “Migration is painful. Humanity is always in constant movement. There are those who migrate accompanied by dreams and those who are forced, persecuted, relegated or migrate for survival. The right to live…

[simply-ivanka]

Republican Gov. Greg Abbott of Texas on Monday signed one of the harshest state immigration laws in modern U.S. history, authorizing state officials to arrest and seek the deportation of migrants suspected of crossing the border with Mexico illegally.

The law, known as SB4, gives Texas law enforcement authorities the power to stop, arrest and jail migrants on new, state-level illegal entry charges. It also allows state judges to issue de facto deportation orders against suspected violators of the law, though it's unclear how this provision could be enforced.

[an-onyx-void]

Disclaimer: I am not the original owner or creator of this content. The source account is listed below.

[pclungs]

The Supreme Court on Tuesday gave Texas officials permission to jail and prosecute migrants suspected of crossing the U.S. southern border without authorization, greenlighting the enforcement of a state immigration law known as SB4 that the Biden administration has called unconstitutional. Denying a request from the Justice Department, the high court allowed the controversial Texas law, one of Gov. Greg Abbott's signature immigration policies, to take effect while the U.S. Court of Appeals for the 5th Circuit considers the measure's legality.

[azspot]

What we needed was more welcoming centers. We needed more accountability and oversight to the federal law enforcement at the border. But also we needed for the federal government to stop Texas, stop the governor, of what they are doing in terms of enforcing illegally and unconstitutionally SB4, that is impacting Latinos, people of color, migrants that are looking for asylum and protection. I mean, what you saw in El Paso, the pictures of people running through the barbed wire, it is how desperate the situation is at the border. Because these state soldiers, the barbed wire and this state enforcement, it is illegally impeding migrants and families to ask for asylum, which is their right. It’s an international right. It’s granted in the U.S. Constitution. So, I think that we expected the administration to be more forceful in accomplishing a more humane border and push for immigration reform. We have not seen that. Instead, we have seen more militarization and more resources for detention centers coming from the administration also.

Fernando García

[dreaminginthedeepsouth]

The Supreme Court creates train wreck over Texas immigration law.

Over the last forty-eight hours, the Supreme Court has made a monumental mess of its review of a Texas law that seeks to assume control over the US border. If the consequences weren’t tragic, it would be comical.

The Texas law is plainly unconstitutional. It is not even a close question. But the Supreme Court created a situation in which enforcement of that law was stayed and then permitted to go back into effect multiple times in a forty-eighth hour period. It was like the Keystone Cops—all because the Supreme Court does not have the fortitude to control the rogue judges on the Fifth Circuit Court of Appeals.

Here's the bottom line: As of late Tuesday evening, the Texas law cannot be enforced pending further order of the Fifth Circuit. See NBC News, Appeals court blocks Texas immigration law shortly after Supreme Court action. As explained by NBC,

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals split 2-1 in saying in a brief order that the measure, known as SB4, should be blocked. The same court is hearing arguments Wednesday morning on the issue.

The appeals court appeared to be taking the hint from the Supreme Court, which in rejecting an emergency application filed by the Biden administration put the onus on the appeals court to act quickly.

I review the complicated procedural background below with a warning that it may change in the next five minutes. For additional detail, I recommend Ian Millhiser’s explainer in Vox, The Supreme Court’s confusing new border decision, explained.

Let’s start here: The federal government has exclusive authority to control international borders. The Constitution says so, and courts have ruled so for more than 150 years.

There are good reasons for the federal government to control international borders. If individual states impose contradictory regulations on international borders that abut the states, the federal government could not promulgate a single, coherent foreign policy—which is plainly the job of the federal government.

Texas passed a law that granted itself the right to police the southern border and enforce immigration laws, including permitting the arrest and deportation of immigrants in the US who do not have the legal authority to remain in the country.

Mexico immediately notified Texas that it would not accept any immigrants deported by Texas. (Mexico does accept immigrants deported by the US per international agreements.)

A federal district judge in Texas enjoined the enforcement of state law, ruling that it usurped the federal government's constitutional role. Texas appealed.

When a matter is appealed, the court of appeals generally attempts to “maintain the status quo” as it existed between the parties prior to the contested action. Here, maintaining the status quo meant not enforcing the Texas law that allowed Texas to strip the federal government of its constitutional authority over the border.

However, the Fifth Circuit used a bad-faith procedural ploy to suspend the district court’s injunction, thereby allowing Texas law to go into effect. In doing so, the Fifth Circuit did not “maintain the status quo” but instead permitted a radical restructuring of state-federal relations in a way that violated the Constitution and century-and-a-half of judicial precedent.

In a world where the rule of law prevails, the Supreme Court should have slapped down the Fifth Circuit's bad-faith gambit. It did not. Instead, the Supreme Court allowed the Fifth Circuit's bad-faith ploy to remain in effect—but warned the Fifth Circuit that the Supreme Court might, in the future, force the Fifth Circuit to stop playing games with the Constitution.

The debacle is an embarrassment to the Supreme Court and the Fifth Circuit. The reason the Fifth Circuit acts like a lawless tribunal is because the Supreme Court has allowed the Fifth Circuit to engage in outrageous, extra-constitutional rulings without so much as a peep of protest from the reactionary majority on the Court.

John Roberts is “the Chief Justice of the United States.” He should start acting like it by reprimanding rogue judges in the Fifth Circuit by name—and referring them to the Judicial Conference for discipline. Until Roberts does that, the Fifth Circuit will do whatever it wants.

[Robert B. Hubbell Newsletter]

[macwantspeace]

SB4 - allows for arrests on suspicion of being brown. Abbott argued that because it was an "invasion" he could do whatever he wanted to stop it. The Judge said, no tanks. No thanks. Stop it. Meanwhile Biden is scheduled to visit Brownsville at the southernmost tip of Texas. The former guy may or may not go to Eagle Pass. More cameras. More tacos. Ken Paxton is suing Annunciation House charity for the shocking act of providing shelter and aid to folks near the border in El Paso. "Love thy neighbor" does not mean much in "The Friendly State".

[amiguiz]

Qué hace un canguro en un parque de Texas?

Qué hace un canguro en un parque, sino existir

lícita y reguladamente

apenas consciente de su conformidad cangura

la cría entibiando el intestino

cómodo y ventral marsupio.

Al bebé de un canguro lo llamamos joey.

Este poema debería ser un ensayo-

error. La ironía suplica una respiración controlada,

pero el joey

brinca

fuera de la madre

brinca

y el Enter

brinca

y el joey

crece

Joey

ahora es

Joseph

sus empleados le dicen José

míster José

señor,

su madre ha muerto.

Soñará Joey con su mamá cangura?

Imagina canguros boxeadores

Imagina canguros mexicanos

soldados de caderas oblicuas

con monedas en la bolsa

lastimadas orejas de coliflor

Qué hace un canguro en un parque de Texas, sino recibir disparos

de luz

clic, foto con los vecinos

clic, los reporteros

clic, los policías

clic. El sheriff de Texarkana

no puede esperar a contarle a su esposa

you won't believe what i saw today

un canguro, dirá en un idioma que no es español ni es canguro

un canguro, juro por dios

quién sabe cómo habrá llegado

quién sabe cómo sobrevive

vieras qué animales tan interesantes

cómo cargan a sus hijos

el señor nunca se equivoca.

Cuando haya que elegir refugio

elige siempre una bolsa marsupial,

el marsupio implica la existencia de la madre

al marsupio no entra la policía

a pedirte documentos migratorios

qué tipo de animal eres

cuál tu especie, dónde está tu familia

qué idioma es ese

kan-ga-ke?

Papers. I can shoot you

clic, el teaser de seguridad

clic, el martillo del arma

corta

cartucho.

El sheriff gana algo que contarle a su esposa

you won't believe what i saw today

honey

what i did

told you about SB4, right?

[lokiinmediasideblog]

This convinced me

struggling with how to word this, but putting it out there anyway:

i can fully understand the posts on here from a lot of americans being tired of “vote blue no matter who” posts when the #1 thing that people are constantly (and sometimes only?) addressing is how the republican party is going treat trans/queer people if elected.

it’s part of an unfortunate pattern of prioritizing the effects on a demographic that includes white + upper class people, when people of color and those in the global south are actively and currently being killed or relegated to circumstances in which their survival is very unlikely

it is genuinely exhausting to witness this, and i was also on the fence about even participating in voting because i a) felt like it didn’t matter and b) every time i voiced being frustrated with the current state of the country, white queer people would immediately step in with “but what about trans people!” -> (i am mixed race trans man)

and i say this with unending patience toward people who do this, because i know that it’s not something they actively think about. but everyone already knows how the republican party is going to treat queer people. you are probably talking to another queer person when you bring up project 2025. the issue is that, for those of us who aren’t white, or for those of us who are but who are conscious of ongoing struggles for people of color worldwide, the safety of people around the world feels more urgent than our own. that is the calculation that’s being made.

you’re not going to win votes for the democratic party by dismissing or minimizing these realities and by continually centering (white) queer people.

very few people on here and twitter are actually talking about issues beyond queer rights that concern people of color, or how the two administrations differ on these issues instead of constantly circling back to single-issue politics. this isn’t an exhaustive list. but these are the issues that have actually altered my perspective and motivated me to the point of committing to casting a vote

the biden administration has been engaged in a years-long fight to allow new applicants to DACA (Deferred Action for Childhood Arrivals, the program that allows undocumented individuals who arrived as children to remain in the country) after the Trump administration attempted to terminate it. the program is in limbo currently because of the actions of Trump-backed judges, with those who applied before the ruling being allowed to stay, but no new applications are being processed. Trump has repeatedly toyed with the idea of just deporting the 1.8 million people, but he continues to change his mind depending on whatever the fuck goes on in his head. he cannot be relied on to be sympathetic toward people of hispanic descent or to guarantee that DREAMers will be allowed stay in the country. biden + a democratic controlled congress will allow legal challenges to the DACA moratorium to gain ground.

the biden administration is open to returning and protecting portions of culturally important indigenous land in a way that the trump administration absolutely does not give a fuck. as of may 2024, they have established seven national monuments with plans to expand the San Gabriel Monument where the Gabrielino, Kizh / Tongva, the Chumash, Kitanemuk, Serrano, and Tataviam reside. the Berryessa Snow Mountain is also on the list, as a sacred region to the Patwin.

i’m recognizing that the US’s plans for clean energy have often come into conflict with tribal sovereignty, and the biden administration could absolutely do better in navigating this. but the unfortunate dichotomy is that there would be zero commitment or investment in clean energy under a trump-led government, which poses an astounding existential threat and destabilizing force to the global south beyond any human-to-human conflict. climate change has caused and will continue to cause resource shortages, greater natural disasters, and near-lethal living conditions for those in the tropics - and the actions of the highest energy consumers (US) are to blame. biden has funneled billions of dollars into climate change mitigation and clean energy generation - trump does not believe that any of it matters.

i may circle back to this and add more as it comes up, but i’m hoping that those who are skeptical / discouraged / tired of the white queer-centric discourse on tumblr and twitter can at least process some of this. please feel free to add more articles + points but i’m asking for the sake of this post to please focus on issues that affect people of color.