Tuesday, July 27, 2021

Immigration Article of the Day: Texas and the Dangers of State Immigration Enforcement by Geoffrey A. Hoffman


Texas has been in the news a lot lately (see, for example, here) on immigration matters.  This is what Geoff Hoffman says about that.

Texas and the Dangers of State Immigration Enforcement  Geoffrey A. Hoffman, Yale Journal on Regulation Notice & Comment (July 27, 2021).  The first paragraph lays out the basic argument:

"In a series of bold actions, Texas has attempted to continue where the Trump administration left off in terms of immigration enforcement. These attempts recently have included threats to build a border wall, the devotion of space in state jails to immigration violators, and the use of the arrest power against immigrants under the theory of trespass. The relationship between state, municipal, or local enforcement and the federal government’s authority to do so is legally complex. But one thing is clear, the states do not have the power to enforce immigration law in the expansive ways Texas is attempting. To allow the use of state power in this way is to give tacit permission to a state’s illicit activities and should be reigned in by the federal government."




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