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Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

JonathanTurley

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ‘Removal is a civil, not criminal, matter.’

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Health care fraud case sharpens dispute over what counts as “aggravated identity theft”

SCOTUSBlog

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

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Texas Sheriff Declares Undocumented Migrants “Crime Victims” to Secure Visas

JonathanTurley

While this is clearly not human trafficking, Salazar is working with immigration advocates to use a law designed to protect victims of human trafficking and other crimes, even before any such charge is brought by prosecutors. Immigration advocates were only able to get three migrants to join the initial challenge.

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The Cuties and the “Younger” Doctrine: Netflix Prevails in Key Federal Ruling Over Controversial Movie

JonathanTurley

Now, federal Judge Michael Truncale (left) has issued a preliminary injunction in the Eastern District of Texas to stop the prosecution of the company. I previously wrote a column opposing calls by GOP members for a federal investigation of Netflix and the movie “Cuties” (or Mignonnes).

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Pandemic Surveillance and Racial Bias

The Crime Report

Digital tools, like GPS ankle monitors, cell phone location data, and targeted quarantine have exacerbated discrimination against racial minorities and immigrants. In Texas, the Hispanic population makes up just 15 percent of the vaccinated population, despite accounting for 44 percent of cases and nearly 50 percent of deaths from the virus.

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California Dreaming: Newsom’s Kidnapping Claim Against DeSantis is Long on Politics and Short on the Law

JonathanTurley

While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. First, let’s look at the law. The reason is that these claims are made for cable news, not courts of law.

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Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis

JonathanTurley

In that case, a 5-3 majority ruled against a state seeking to enforce immigration laws in light of what it described as a vacuum of federal action. Most are promptly released, and many are not even asked to appear for eight years at an immigration proceeding. No state faces a greater danger than Texas.