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Twenty states challenge Biden’s failed immigration policy at SCOTUS

Published in Blog on December 02, 2022 by Jakob Fay

On Tuesday, the Supreme Court of the United States heard United States v. Texas, a case to decide whether the states can dispute the Biden administration’s failed immigration policy. Receiving little coverage in the mainstream media, the case dealt with critically important “questions over immigration enforcement and states’ ability to challenge federal policies” and will have a momentous impact on the future of federalism in America.

Since President Biden took office, the border immigration crisis has plagued his administration – which, more often than not, seems unwilling to confront the issue. While states such as Texas suffer the consequences of the White House’s lenient immigration stance, the federal government continues to insist that it has the authority to set immigration policy, turning a deaf ear to the protests of We the People.

According to the Supreme Court Blog, “[t]he policy at the heart of United States v. Texas is outlined in a September 2021 memorandum by Secretary of Homeland Security Alejandro Mayorkas on the federal government’s priorities for immigration enforcement. Explaining that there are over 11 million noncitizens currently in the United States who could be subject to deportation, but that the Department of Homeland Security does not have the resources to apprehend and deport all of them, the memorandum instructed immigration officials to prioritize the apprehension and deportation of three groups of noncitizens: suspected terrorists, people who have committed crimes, and those caught recently at the border.”

Texas and Louisiana – the court plaintiffs – pushed back, arguing that the federal government should not be allowed to mandate its immigration agenda, especially when it leaves the states vulnerable to the consequences of the Biden-induced influx of illegal aliens.

The states also pointed out that Biden has twice asked Congress to cut back on detention facility resources. If this really was all about the DHS not having “the resources to apprehend and deport all [11 million noncitizens]” why isn’t Biden pushing for Congress to give the department more resources?

Clearly, the states have had enough of the federal government’s usurpation of power and failure to address the issues that directly impact everyday Americans. Eighteen states (Arizona, Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, Utah, Virginia, West Virginia, and Wyoming) have shown official support for the plaintiffs.

The message is clear: it is time for the states to stand up and fight back.

As President Ronald Reagan said: “The federal government did not create the states; the states created the federal government.” Washington’s refusal to alter course and deal with the southern border crisis shows just how far from this principle we have strayed.

Unfortunately, we will not learn the Supreme Court's final ruling until June of next year. But we do not have to wait until then to stop Biden or our runaway government.

By passing the Convention of States resolution in the 2023 legislative session, the states can exercise their supremacy over Washington and bring us one step closer to reining in the D.C. Swamp. To urge your legislator to take action on this important issue, sign the Convention of States petition below!

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Almost everyone knows that our federal government is on a dangerous course. The unsustainable debt combined with crushing regulations on states and businesses is a recipe for disaster.

What is less known is that the Founders gave state legislatures the power to act as a final check on abuses of power by Washington, DC. Article V of the U.S. Constitution authorizes the state legislatures to call a convention to proposing needed amendments to the Constitution. This process does not require the consent of the federal government in Washington DC.

I support Convention of States; a national movement to call a convention under Article V of the United States Constitution, restricted to proposing amendments that will impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress.

I want our state to be one of the necessary 34 states to pass a resolution calling for this kind of an Article V convention. You can find a copy of the model resolution and the Article V Pocket Guide (which explains the process and answers many questions) here: https://conventionofstates.com/handbook_pdf

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