Governor Abbott Will Build Texas’ Own Border Wall

[jamil]

Exactly. If you are in state, and break state law, the fed has no authority.

Okay. What state law are they breaking?

 

[jamil]

Further reason to ****can it.

Well. Have at it. I don’t think it’s gonna work though.

 

[BigRed]

Well. Have at it. I don’t think it’s gonna work though.

Not as long as most simply accept it.

 

[BugI02]

I think think the Biden administration would decline the offer of assistance.

We'll see. I don't think the feds will be consulted

 

[5.56'aholic]

Texas Legislature Online - 85(R) History for SB 4

 

[BugI02]

I think this is gonna get challenged in court and I think Texas will lose. Under what law can they detain foreign nationals?

If they aren't allowed to determine their immigration status, how will they know they are foreign nationals? And I don't think applying for asylum to a state gov't means ****

 

[jamil]

If they aren't allowed to determine their immigration status, how will they know they are foreign nationals? And I don't think applying for asylum to a state gov't means ****

Then under what law could they detain them anyway? I just don’t see this strategy doing much more than drawing more attention to the problem. And I’m not saying drawing more attention to it is a bad thing. I would like to see the administration absolutely destroyed in the courts over its immigration policies. This thing Abbot has planned doesn’t look to have a lot public details. Maybe there’s something that looks more like a workable solution.

 

[BugI02]

They aren't seeking to detain them, they are seeking to prevent them from setting foot in Texas. They could simply make it a crime for ANYONE to circumvent the wall, in either direction, except at authorized transfer points with exception for the landowners. Once arrested, they can legally be asked to provide ID. Then bring back chain gangs to provide some value added for the budget and a disincentive for taking the risk

 

[DadSmith]

A friend sent me a text saying Governor Abbott put 250 million towards a wall. I can't find anything on the news about it though.

 

[Kutnupe14]

A friend sent me a text saying Governor Abbott put 250 million towards a wall. I can't find anything on the news about it though.

I saw it on CNN. And apparently they are going to crowd fund the rest of the billions. Yes BILLIONs. Some portion of the wall cost $27M a mile!

 

[jamil]

They aren't seeking to detain them, they are seeking to prevent them from setting foot in Texas. They could simply make it a crime for ANYONE to circumvent the wall, in either direction, except at authorized transfer points with exception for the landowners. Once arrested, they can legally be asked to provide ID. Then bring back chain gangs to provide some value added for the budget and a disincentive for taking the risk

Just getting back to this thread and reacquainting myself with the context. If this is to ensure that illegals cannot set foot in Texas, prepare yourself. If the court ruling goes according to how courts have ruled in the past, Abbot will lose. The constitution grants the Federal government exclusive jurisdiction over immigration policy.

 

[jamil]

I saw it on CNN. And apparently they are going to crowd fund the rest of the billions. Yes BILLIONs. Some portion of the wall cost $27M a mile!

That’s incredibly nutty.

 

[IndyDave1776]

That’s interesting and all but the constitution gives the federal government exclusive control over things like immigration and national borders. The Biden administration would challenge it if Abbot actually tried to do it. Of course Texas would do it on state owned land. But if it’s for the purpose of doing that which the constitution reserves for the fed then Texas might lose that battle in court just like Arizona lost when it tried to have state/local law enforcement investigate illegals.

I am inclined to believe that would work out to the federal government being able to choose to let them in proper border crossings or not with no authority to determine whether it not pedestrian traffic is allowed on state or private land.

 

[IndyDave1776]

Okay. What state law are they breaking?

Trespassing.

 

[jamil]

Trespassing.

C’mon Dave. You’re reaching for any way for Texas to get away with what they’re trying to do because you like what they’re trying to do. You’re arguing ‘should’, and I’m only saying what is.

To arrest someone for trespassing, okay fine. Some illegal immigrant comes across the border and into a persons land. The proper signage is up. Fine arrest the person. Then what?

The state cannot enforce its own immigration policy. It sucks that they get ****ed by an inept administration. It just is what it is.

 

[IndyDave1776]

C’mon Dave. You’re reaching for any way for Texas to get away with what they’re trying to do because you like what they’re trying to do. You’re arguing ‘should’, and I’m only saying what is.

To arrest someone for trespassing, okay fine. Some illegal immigrant comes across the border and into a persons land. The proper signage is up. Fine arrest the person. Then what?

The state cannot enforce its own immigration policy. It sucks that they get ****ed by an inept administration. It just is what it is.

Walling people off of state or private land is not a federal issue.

 

[jamil]

Walling people off of state or private land is not a federal issue.

There’s no doubt that a state cannot enforce their own border patrol. That is exclusively a federal power. But you bring up an interesting question. Can Texas legally prevent people from entering from, say, Arkansas? I suspect they can’t.

 

[IndyDave1776]

There’s no doubt that a state cannot enforce their own border patrol. That is exclusively a federal power. But you bring up an interesting question. Can Texas legally prevent people from entering from, say, Arkansas? I suspect they can’t.

You're looking at this from the wrong angle. The state can prohibit entry onto state or private anywhere in the state. So long as they don't try closing official federal border crossings, I dont see a viable legal argument.

I just reviewed the Constitution. It grants the federal government authority to establish rules on naturalization but is silent on the subject of patrolling the border.

 

[Kutnupe14]

There’s no doubt that a state cannot enforce their own border patrol. That is exclusively a federal power. But you bring up an interesting question. Can Texas legally prevent people from entering from, say, Arkansas? I suspect they can’t.

They can’t. Interstate compacts.

 

[IndyDave1776]

There’s no doubt that a state cannot enforce their own border patrol. That is exclusively a federal power. But you bring up an interesting question. Can Texas legally prevent people from entering from, say, Arkansas? I suspect they can’t.

They can't stop people from entering from Arkansas but they CAN make them use roads as opposed to mudding through farmers' fields.