OPINION:
For a moment, the state of Texas could defend its border against an unprecedented migrant invasion. The U.S. Supreme Court on Tuesday allowed a critical Texas law to take effect, only for the 5th Circuit U.S. Court of Appeals to step in and put everything on hold while it hastily convened a hearing the following day.
“Texas has decided we are at the epicenter of this crisis,” state Solicitor General Aaron Nielson told the 5th Circuit judges on Wednesday. “We are at the front line, and we are going to do something about it.”
The legislation, known as S.B. 4, makes sneaking into Texas from a foreign country a misdemeanor. Trespassers are offered a deal: Either stay in jail for six months or go back to Mexico voluntarily. Anyone who accepts the deal and is later found trespassing again could face a felony charge bearing a potential prison sentence of up to 20 years.
Those who opt to do the jail time would still be ordered to leave. This isn’t usurping federal power, because it isn’t deportation. Mr. Nielson explained that the state would escort lawbreakers back to a port of entry and leave them in the hands of federal officials.
Texas would collect fingerprints and other biometric information to ensure repeat offenders don’t slip back into the state undetected. All along, the arresting officer would monitor what happens and report back to the state. The measure even prohibits Texas judges from springing anyone from jail in the event that federal immigration authorities declare a border crosser’s immigration status as “pending.”
Perhaps because the Texas Legislature came up with such a clever solution to the border mess, the left is apoplectic. The cynical plan to import millions of sympathetic voters to create a permanent Democratic majority is at risk if the Lone Star State prevails.
Thus, the Department of Justice joined the American Civil Liberties Union and advocates of illegal immigrants in suing to block S.B. 4 from taking effect. They insist that only the federal government has the right to deport illegal immigrants.
“Texas has a right to defend itself,” Mr. Nielson countered. The U.S. Constitution allows such action when a state is “actually invaded, or in such imminent danger as will not admit of delay.”
Republican Texas Gov. Greg Abbott cited this authority to deploy the National Guard to help nab half a million invaders under Operation Lone Star. That tally includes criminals responsible for committing 37,400 felonies.
According to Customs and Border Protection figures, Texas has had more illegal border crossing encounters than any other state, with the El Paso sector recording a 187% increase this year alone.
If the courts allow S.B. 4 to take effect, the border surge would likely redirect to California, Arizona and New Mexico as the cartels and human smuggling rings seek smoother paths into the country.
The ensuing wave of migrants would probably overwhelm the blue-state sanctuaries already struggling at the current level of unlawful migration. In such a situation, these states might even begin to appreciate the wisdom of what Texas is doing.
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