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Immigration Law

Expert: Feds Will Challenge Abbott's Border Plans

Jorge Cancino, Patricia Clarembaux, Univision, June 17, 2021

"The announcement made last week by the governor of Texas, Greg Abbott, that he will implement an immigration plan on the southern border that includes continuing with the construction of the wall begun during the Donald Trump administration and arresting foreigners without legal permanent status, has generated questions, for some of which there is an answer. How far does the state authority go to enforce a federal law? Under what legal argument would the arrests of alleged undocumented foreigners take place? On what charges will they be arrested? And can Abbott continue to build a wall and have it paid for by the federal government? ... "The federal government will surely challenge Governor Abbott's immigration plans as illegal," says Stephen Yale-Loehr, professor of immigration practice at Cornell University School of Law (New York). "Arizona tried something similar about 10 years ago, but the Supreme Court struck down key parts of SB 1070 because it interfered with federal immigration law," he said."