Texas law cracking down on illegal immigrant ‘invasion’ prevails in court challenge

A federal appeals court allowed Texas’ law giving the state independent authority to arrest and deport illegal immigrants to stand, with judges saying the groups that challenged it lacked the legal standing to sue.

The 5th U.S. Circuit Court of Appeals said it is not ruling at this time on the legality of the state law.

But they erased an injunction that had been put in place to prevent it from taking effect, saying the move was based on a misunderstanding of standing, that is, the need to prove harm that can be repaired in court.

The law created state criminal penalties for crossing the border into Texas, matching federal law. He also called on the state to carry out its own expulsions of people who cross the border illegally.

Texas’ goal was to give itself independent powers to enforce the border. The state cited the “Invasion Clause” of the Constitution as authority to take action.

Opposing the state in the lawsuit are immigrant rights groups, who have said they must spend time and money defending illegal immigrants who would be ensnared by state law.

Justice Jerry Smith, writing the court’s key opinion, said that argument was too tenuous.

“When enterprising plaintiffs present a generalized grievance as ‘harm,’ courts must rightly exercise caution. Otherwise, they risk being misled by plaintiffs’ clever articulations or backhanded attacks,” he wrote.

The dissenting justices, however, said they found enough legal harm that at least one of the immigrant rights groups could sue.

And they said state laws interfered with the operations of the federal government.

Justice Stephen Higginson, one of the dissenters, noted that federal law allows people who cross the border illegally to seek asylum and for the federal government to detain migrants while those cases are pending. State law contains no such protection.

“At its core, Texas law interferes with the federal system that determines who can be deported, how and where,” Judge Higginson wrote.

The Biden administration was initially part of the lawsuit against Texas. After the change of government, the federal government bowed out.

Texas Attorney General Ken Paxton welcomed Friday’s ruling.

“Texas’ right to arrest illegal immigrants, protect our citizens and enforce immigration law is fundamental. This is a major victory for public safety and law and order,” he said.

The Texas laws were the tip of a campaign to argue that the influx of illegal immigrants during the Biden years constituted an invasion. Under the Constitution, an invasion could trigger certain independent state powers.

When he took office, President Trump adopted the term “invasion” to justify his own border crackdown, which has proven extremely effective.

The flow of illegal immigrants sneaking across the southern border has declined 95% under Mr. Trump compared with the monthly average under the Biden administration.