Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,' a book about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
Last week, the Supreme Court let Texas’ extreme immigration law take effect. The dissenting Democratic appointees explained how that decision flew in the face of long-standing precedent that gives the federal government exclusive authority over entry and removal of people in the country illegally. As it turned out, Senate Bill 4 took effect only briefly, because the 5th U.S. Circuit Court of Appeals blocked it shortly after the Supreme Court condoned it.
Despite this fundamental axiom, S. B. 4 creates separate, distinct state criminal offenses and related procedures regarding unauthorized entry of noncitizens into Texas from outside the country and their removal.” The panel majority cited Arizona v. United States, a 2012 Supreme Court ruling that affirmed the federal government’s authority on these matters.
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