illegal immigration
Biden And Red States Are On Immigration Collision Course Heading For Supreme Court
From the Daily Caller News Foundation
The Biden administration is currently waging a legal campaign against Republican-led states, arguing their laws that effectively restrict illegal immigration are unconstitutional.
The Department of Justice has so far filed lawsuits against three different states for enacting laws that largely empower police to enforce immigration rules. However, these state leaders, in the backdrop of an unprecedented border crisis, say they have no choice but to take up the issue themselves because the Biden administration won’t — and other Republican states may soon follow suit.
Texas, Iowa, and Oklahoma have all signed similar bills into law in recent months that make it a state crime to be an illegal immigrant. Texas Senate Bill 4, Iowa Senate File 2340, and Oklahoma House Bill 4156 empower their law enforcement to arrest illegal immigrants and bestow various penalties for unlawful presence in the country.
“Due to the abdication of this administration’s duty to enforce the law, states are trying to protect themselves,” Matt Crapo, a senior attorney with the Immigration Reform Law Institute, explained to the Daily Caller News Foundation. “They are trying to do so by mirroring federal law, enforcing the same type of laws if this administration was enforcing the law.”
The Biden administration, however, argues these laws are unconstitutional as they intrude on the federal government’s sole authority to enforce immigration law.
Whether or not these states can enforce their laws will likely depend on the Supreme Court. The law passed in Texas, the first of the three to take up this approach, will likely end up back into the nation’s highest court.
The Immigration Reform Law Institute, a legal organization that supports stricter immigration enforcement, filed an amicus brief in the Fifth Circuit Court of Appeals in support of Texas SB4. Crapo said his organization plans to file similar briefs supporting the Iowa and Oklahoma bills once those states file in opposition to preliminary injunctions imposed by federal courts.
IRLI argued in its Texas brief that, while SB4 “parallels” similar federal immigration offenses, the law does not interfere with the federal government’s power to decide which classes of aliens are admissible or removable.
However, not all legal experts agree the Texas law adheres to the Constitution.
“SB4 is cruel, inhumane, and clearly unconstitutional,” Kate Melloy Goettel, senior legal director at the American Immigration Council, said in March statement. “All these bills could result in significant civil rights abuses, leading to widespread arrests and deportations by state actors without key federal protections.”
“Our hope is that SB4 is ultimately blocked in court; otherwise, this sets a disastrous precedent,” Goettel continued.
Immigration experts aren’t sure how the Supreme Court will ultimately rule.
“It’s sort of an open question as to whether the Supreme Court is going to allow Texas to criminalize illegal entry into Texas,” Art Arthur of the Center for Immigration Studies said to the DCNF, noting how this case is fundamentally different than the lawsuit against a 2010 Arizona law that criminalized illegal immigration status, but was largely struck down. “Texas’ argument is ‘look, the federal government doesn’t completely occupy the field with respect to this crime because trespassing is an essential state crime and this is basically a trespassing offense.’”
Arthur noted that the Texas legislation is fundamentally different to the Iowa and Oklahoma laws, meaning potentially very different outcomes in their court challenges. Unlike Oklahoma and Iowa, Texas borders Mexico and has more standing to enforce trespassing.
“The Supreme Court’s decision in SB4 will give us a lot of idea of how much vitality these other laws have, but these other laws are distinguishable from SB4,” he said. “For that reason, if the states are serious about this, they will have to litigate it all the way up to the Supreme Court.”
Similar to what sponsors of this legislation have argued, Arthur said that the passages of these state laws are not “political stunts,” but cries for help and assertions that the Biden administration has abandoned immigration enforcement.
Federal immigration data show that illegal immigration is at historic levels.
Border Patrol agents have had more than 1,171,000 encounters with illegal immigrants this fiscal year, according to the latest data by Customs and Border Protection. Well over six million such encounters have been made since the beginning of President Joe Biden’s White House tenure.
The massive influx of illegal immigrants has been followed by high-profile crimes, such as the killing of a Georgia nursing student allegedly at the hands of a Venezuelan illegal immigrant and the attempted breach of the Quantico Marine Base in Virginia allegedly by two Jordanian nationals living unlawfully in the country. A report by a New Jersey lawmaker found that his state is shelling out over $7 billion annually to cover the costs of illegal immigrants.
For these reasons, Republican state leaders say they have no choice but to address the crisis themselves — even if the Biden administration threatens to sue them for it.
“The Biden administration refuses to do their job, so we need to do it,” Louisiana state senator Valarie Hodges said to the DCNF. Hodges is the sponsor of a bill that, if signed into law, will also make illegal immigration a state crime.
Her legislation, Senate Bill 388, makes illegal entry punishable by up to one year in prison and a $4,000 fine for the first offense, and up to two years in prison and a $10,000 fine for a second offense. The bill has already passed both chambers in the state legislature, and needs procedural approval from the state senate before heading to the governor’s desk.
Much like the governors and attorneys general of the states already sued by the Department of Justice, the state senator appeared unfazed at the prospect of a court challenge.
“When the federal government won’t do their job, what course do we have?” Hodges asked. “We’re going to collapse if we don’t do something. I believe we are within our constitutional boundaries to do this.”
“Maybe we should sue them for not doing their job,” she added.
The Department of Justice did not respond to a request for comment from the DCNF.
Crime
CBSA Bust Uncovers Mexican Cartel Network in Montreal High-Rise, Moving Hundreds Across Canada-U.S. Border
A court document cited by La Presse in prior reporting on the case.
The conviction targets Edgar Gonzalez de Paz, 37, a Mexican national identified in court evidence as a key organizer in a Montreal-based smuggling network that La Presse documented in March through numerous legal filings.
According to the Canada Border Services Agency, Gonzalez de Paz’s guilty plea acknowledges that he arranged a clandestine crossing for seven migrants on January 27–28, 2024, in exchange for money. He had earlier been arrested and charged with avoiding examination and returning to Canada without authorization.
Breaking the story in March, La Presse reported: “A Mexican criminal organization has established itself in Montreal, where it is making a fortune by illegally smuggling hundreds of migrants across the Canada-U.S. border. Thanks to the seizure of two accounting ledgers, Canadian authorities have gained unprecedented access to the group’s secrets, which they hope to dismantle in the coming months.”
La Presse said the Mexico-based organization ran crossings in both directions — Quebec to the United States and vice versa — through roughly ten collaborators, some family-linked, charging $5,000 to $6,000 per trip and generating at least $1 million in seven months.
The notebooks seized by CBSA listed clients, guarantors, recruiters in Mexico, and accomplices on the U.S. side. In one April 20, 2024 interception near the border, police stopped a vehicle registered to Gonzalez de Paz and, according to evidence cited by La Presse, identified him as one of the “main organizers,” operating without legal status from a René-Lévesque Boulevard condo that served as headquarters.
Seizures included cellphones, a black notebook, and cocaine. A roommate’s second notebook helped authorities tally about 200 migrants and more than $1 million in receipts.
“This type of criminal organization is ruthless and often threatens customers if they do not pay, or places them in a vulnerable situation,” a CBSA report filed as evidence stated, according to La Presse.
The Montreal-based organization first appeared on the radar in a rural community of about 400 inhabitants in the southern Montérégie region bordering New York State, La Presse reported, citing court documents.
On the U.S. side of the line, in the Swanton Sector (Vermont and adjoining northern New York and New Hampshire), authorities reported an exceptional surge in 2022–2023 — driven largely by Mexican nationals rerouting via Canada — foreshadowing the Mexican-cartel smuggling described in the CBSA case.
Gonzalez de Paz had entered Canada illegally in 2023, according to La Presse. When officers arrested him, CBSA agents seized 30 grams of cocaine, two cellphones, and a black notebook filled with handwritten notes. In his apartment, they found clothing by Balenciaga, a luxury brand whose T-shirts retail for roughly $1,000 each.
Investigators have linked this case to another incident at the same address involving a man named Mario Alberto Perez Gutierrez, a resident of the same condo as early as 2023.
Perez Gutierrez was accompanied by several men known to Canadian authorities for cocaine trafficking, receiving stolen goods, armed robbery, or loitering in the woods near the American border, according to a Montreal Police Service (SPVM) report filed as evidence.
The CBSA argued before the immigration tribunal that Gonzalez de Paz belonged to a group active in human and drug trafficking — “activities usually orchestrated by Mexican cartels.”
As The Bureau has previously reported, Justin Trudeau’s Liberal Cabinet was warned in 2016 that lifting visa requirements for Mexican visitors would “facilitate travel to Canada by Mexicans with criminal records,” potentially including “drug smugglers, human smugglers, recruiters, money launderers and foot soldiers.”
CBSA “serious-crime” flags tied to Mexican nationals rose sharply after the December 2016 visa change. Former CBSA officer Luc Sabourin, in a sworn affidavit cited by The Bureau, alleged that hundreds of cartel-linked operatives entered Canada following the visa lift.
The closure of Roxham Road in 2023 altered migrant flows and increased reliance on organized smugglers — a shift reflected in the ledger-mapped Montreal network and a spike in U.S. northern-border encounters.
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Los Angeles County leaders have declared a state of emergency over Immigration and Customs Enforcement operations, a move that federal officials and conservative leaders are blasting as a political stunt that undermines the rule of law.
JUST IN: Los Angeles County declares a state of emergency in response to the ICE raids, will provide rent relief.
The LA County Board of Supervisors made the move as the Trump admin continues to ramp up the raids.
“The move allows the LA County Board of Supervisors to provide… pic.twitter.com/DqtvvfhWDu
— Collin Rugg (@CollinRugg) October 15, 2025
On Tuesday, the Los Angeles County Board of Supervisors approved a “Proclamation of Local Emergency for Federal Immigration Actions,” with only one supervisor, Kathryn Barger, voting no. The board claimed that ICE raids “created fear, disrupted neighborhoods, and destabilized families, workers, and businesses” across the region.
Supervisor Lindsey Horvath, who introduced the measure, said the declaration “ensures that the full weight of County government is aligned to support our immigrant communities who are being targeted by federal actions.” But critics say the move has nothing to do with public safety and everything to do with shielding criminal illegal aliens from deportation. “The only emergency is the one the residents of Los Angeles face after electing officials who give a middle finger to the law,” an ICE spokesperson told Fox News, adding that the agency is simply enforcing President Trump’s mandate to remove those in the country illegally — including violent offenders.
ICE spokesperson Emily Covington went further, saying, “Perhaps the board should ‘supervise’ funds to support law-abiding fire victims who still haven’t recovered instead of criminal illegal aliens seeking refuge in their sanctuary city. While they publicly fear-monger, I would be shocked if they didn’t agree with ICE removing a child rapist from their neighborhood.”
Attorney General Pam Bondi called the move “illegal” and accused Los Angeles County of aiding and abetting lawbreaking. “They don’t care about their citizens,” Bondi said on Fox News’ Hannity. “It’s hurting our citizens, and we’re going to keep fighting for the American people.” Chair Kathryn Barger — the lone dissenting vote — also warned that the county’s action could trigger federal consequences, noting that “the federal government has sole authority to enforce federal immigration law, and local governments cannot impede that authority.” She added that the county should instead push for “meaningful immigration reform that is fair, pragmatic, and creates legal pathways for those who contribute to our communities.”
The board’s declaration allows county departments to “mobilize resources, expedite contracting and procurement, coordinate interagency response, and request state and federal assistance” for residents impacted by ICE operations. It will remain in effect until the supervisors vote to terminate it. Homeland Security Secretary Kristi Noem announced in August that between June and August, ICE agents arrested more than 5,000 illegal immigrants across Los Angeles County — including gang members, child predators, and murderers. “Families protected. American taxpayers spared the cost of their crimes AND the burden of their benefits,” Noem said at the time. “Thank you to our brave law enforcement officers. Make no mistake: if you are here illegally, we will find you, arrest you, and send you back. This is just the beginning.”
Critics of the county’s new proclamation say it sends the opposite message — one that rewards lawlessness and punishes those enforcing the law. As ICE continues its work to deport violent offenders, Los Angeles’ leadership appears more focused on fighting federal immigration law than on protecting the residents they were elected to serve.
(AP Photo/Eric Thayer)
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