Top Texas officials have openly searched for ways to overturn a 2012 Supreme Court ruling...
Members of the Texas Department of Public Safety's Tactical Marine Unit patrol the Rio Grande along the U.S.-Mexico Border on March 23, 2021 near Mission, Texas. Texas DPS troopers are taking part in Operation Lone Star in supporting U.S. Border Patrol agents to"deny Mexican cartels and other smugglers the ability to move drugs and people into Texas.
Attorney General Ken Paxton has said the Arizona ruling “needlessly limits what Texas can do to pick up the slack, and it absolutely should be overturned.” Experts say convincing the high court to overturn the Arizona ruling is likely a longshot, but it would nonetheless completely upend long standing immigration law if Texas were to succeed.
Short of predicting how the justices would rule, Treviño said he expects the court would be more receptive to reinstating some sort of state immigration enforcement power, which he argued was “broadly assumed” before the 2012 ruling. “To be sovereign is necessarily to possess the power to exclude unwanted persons and things from the territory,” former Justice Antonin Scalia said in remarks from the bench that mirror much of what Texas Republicans are arguing a decade later.
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