Federal Judge strikes down 'Show Me Your Papers Law,' blasts Texas Gov. Abbott's 'invasion' legal theory

Set to take effect on March 5, S.B. 4 would allow state authorities to arrest anyone suspected of illegal entry.

click to enlarge A group of migrants seeking U.S. asylum walk down a road beside the Rio Grande River to turn themselves in to the Border Patrol. - Shutterstock / Vic Hinterlang
Shutterstock / Vic Hinterlang
A group of migrants seeking U.S. asylum walk down a road beside the Rio Grande River to turn themselves in to the Border Patrol.
In a blow to Gov. Greg Abbott, a federal judge on Thursday ruled that Texas' S.B. 4, set to take effect on Tuesday, is unconstitutional, according to the Express-News.

U.S. Judge David A. Ezra wrote in his ruling that Texas' "Show Me Your Papers Law," which would allow state and local authorities to detain anyone they suspected of being in the U.S. illegally, "conflicts with key provisions of federal immigration law, to the detriment of the United States' foreign relations and treaty obligations."

What's more, Ezra also blasted Abbott's legal argument that migrants are invading Texas, hence allowing the state to enact certain measures in self-defense, according to the daily.

"To allow Texas to permanently supersede federal directives on the basis of an invasion would amount to the nullification of federal law and authority – a notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War," Ezra wrote.

Indeed, Abbott invoked the Confederate Theory of Secession in the open letter penned in late January in defense of Texas' construction of border wall and concertina wire along the U.S.-Mexico border.

Ezra's ruling aligns with that of experts, including Southern Methodist University political scientist Cal Jillson, who previously told the Current that, per past Supreme Court rulings, immigration enforcement lies exclusively with the federal government.

Subscribe to SA Current newsletters.

Follow us: Apple News | Google News | NewsBreak | Reddit | Instagram | Facebook | Twitter| Or sign up for our RSS Feed

KEEP SA CURRENT!

Since 1986, the SA Current has served as the free, independent voice of San Antonio, and we want to keep it that way.

Becoming an SA Current Supporter for as little as $5 a month allows us to continue offering readers access to our coverage of local news, food, nightlife, events, and culture with no paywalls.

Join today to keep San Antonio Current.

Scroll to read more Texas News articles

Michael Karlis

Michael Karlis is a Staff Writer at the San Antonio Current. He is a graduate of American University in Washington, D.C., whose work has been featured in Salon, Alternet, Creative Loafing Tampa Bay, Orlando Weekly, NewsBreak, 420 Magazine and Mexico Travel Today. He reports primarily on breaking news, politics...

Join SA Current Newsletters

Subscribe now to get the latest news delivered right to your inbox.