The strict constructionist position would be that immigration is a Federal issue. I suspect that the court will rule this a political issue, not a court issue.
With the holidays quickly approaching I can see a punt on all sides on Title 42.
And this might go deep into the next year. Again this is a hot potato that nobody wants to tackle.
Any Republican who votes for this, which has anti-racist funding, is off my list. If they canāt draw an absolute line at funding racism, what good are they?
The Federal government has sole power over naturalization (who becomes a citizen), but I believe states have substantial power to regulate their borders, to regulate who works there, to regulate who is entitled to government services (such as school.)
In 1823 and 1827 the Supreme court ruled that states had the right to exclude a flood of immigrants setting foot on their soil and demanding to be treated like citizens.
Fifty years later the court reversed that but, so long a law is not race-based, (Chinese exclusion act??) can we say with certainty which set of decisions was correct?
I havenāt seen any governor call for the unorganized militia of their state to assemble. Until a governor, or the President, calls for volunteers to assemble, the well regulated (armed) militia is still at home slumbering.
Mayorkas is about 2 weeks away from perhaps losing the job he is wholly unqualified for and could possibly be indicted for lying before Congress.
Like every other dumb ass decision Alejandro the incompetent makes this one is typically misguided. He has zero respect of the people who do the hard work, heās in the negative now for sure.
Congress needs to call about 50 of these agents to open hearings in the House, where they can be required by Congress to testify what is happening at the borders.