Yesterday we talked about Texas’ new law criminalizing illegal entry into Texas. The law goes beyond the federal law, which I think will doom it, but I said that I thought a state law that substantially tracks the federal law, and thus gives Texas law enforcement a legal basis for arresting illegals (and courts a basis for jailing them), could pass muster.
This new decision supports my take, I think. But you be the judge. …
The Fifth Circuit Court of Appeals now affirms that, and temporarily enjoins the federal government from tearing down any more of Texas’ border barrier except in cases of medical emergency.
The injunction will last until a full trial on the merits, I assume.
[Unless SCOTUS reverses the injunction, but I don’t think they would, even if the Biden team appeals this decision. Their argument that the barrier in the river interferes with the Border Patrol on land is laughable on its face, as Ace points out. He has a lot more at the link. — Ed]
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