Story has been updated to reflect late-night 5th Circuit Court of Appeals decision.(8:01 a.m. MST, Mar. 20, 2024)
The U.S. Supreme Court handed Texas Gov. Greg Abbott a big but temporary win Tuesday in his battle to stop the flow of migrants crossing the Texas-Mexico border.
Late Tuesday night, the 5th Circuit Court of Appeals put the law known as Senate Bill 4 on hold again. It would give state and local law enforcement the authority to arrest migrants as they cross into the U-S.
The Biden administration argued that the law would interfere with federal immigration law and is unconstitutional.
David Coale, an appellate attorney in Dallas, said if the state gets the authority to make arrests, he thinks it will move with caution.
"I think that Texas will want to make some very high-profile moves under this statute," Coale predicted. "But they also don't want to potentially expose themselves to massive civil rights liability if it turns out they're wrong."
Under SB-4, crossing the border illegally is a Class B misdemeanor, punishable by up to six months in jail. The appeals court hears oral arguments in the case today. Meanwhile, a Mexican government official said his country won't accept migrants deported under SB-4.
The Supreme Court justices did not issue a reason for allowing the law to go into effect and there's been no clear timetable for how or when Texas will start enforcing it. In 2012, the Supreme Court struck down parts of a similar law in Arizona, saying an impasse in Congress over immigration reform did not justify state intrusion.
Coale noted if the law is ultimately upheld, it would give each state the right to make its own immigration laws.
"If you give Texas a pass, you know, New York will have a different policy and California will have a policy and Montana will have a policy," Coale pointed out. "And they will not be consistent."
All six of the court's conservative justices agreed with the decision to allow the law to take effect - a ruling that, at least for now, was in effect for only a few hours.
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A new report looked into the recent shift in immigration enforcement, especially at the immigrant detention center in Tacoma.
The University of Washington's Center for Human Rights' report "The Border is Everywhere" found immigration arrests have started to tick back up after falling at the start of the pandemic.
Angelina Godoy, director of the center, said fewer of the arrests are transfers from jails or prisons in Washington and Oregon like they were in the past.
"We see a lot of the more recent arrests happening on ICE check-ins or when folks who have arrived from the southern border are coming here and starting to comply with the process that ICE required them to do in terms of following up on their case," Godoy observed. "That's when they're brought into custody."
Godoy noted Washington and Oregon have passed "sanctuary state" legislation, which has reduced the number of transfers. But other factors are making the average length of stay at the Northwest Detention Center in Tacoma longer than other detention centers across the country.
The report found bond is granted in a fewer percentage of cases and relief from deportation is denied on more occasions at the Northwest Detention Center than nationwide. Godoy acknowledged there is a perception the Northwest is more friendly to immigrants.
"They might imagine that the conditions here would be better than elsewhere," Godoy explained. "In fact, what we're seeing in report after report is that's not the case."
Godoy emphasized organizations like La Resistencia, the Northwest Immigrant Rights Project and Washington Immigration Solidarity Network are fighting to improve conditions for people in detention in the region. However, she argued immigration enforcement should be a big issue for everyone in the country.
"A lot of inhumanity is occurring and it's occurring on our watch," Godoy added. "This is something that all of us need to be concerned about and taking action to improve."
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A new report found undocumented immigrants are paying substantial taxes in Maryland and nationwide.
The Institute on Taxation and Economic Policy found undocumented migrants paid more than $96 billion in federal, state and local taxes in 2022, with Maryland seeing more than $770 million of tax revenue.
Carl Davis, research director for the Institute on Taxation and Economic Policy, said narratives around how migrants are impacting the nation do not always stand up to scrutiny.
"I think we're able to dispel a lot of myths around this one-sided idea that undocumented immigrants are claiming benefits and not paying any taxes," Davis contended. "It's really not tethered to reality."
With some undocumented workers being paid under the table, the study found if migrants had access to legal status such as a guest worker program, the states and localities would realize an additional $7 billion in tax revenue annually, while adding another $33 billion in federal revenue.
The report showed more than a third of the total paid by undocumented workers goes toward payroll taxes such as Medicare, Social Security and unemployment insurance, programs the same workers are unable to access. With presidential campaign rhetoric often focused on the topic of immigration, Davis noted big policy changes would impact the economy.
"If we're going to dramatically change course on immigration policy, say through ramping up deportations, for example, that's really going to shrink the size of the labor force at a time when a lot of industries are already struggling to fill the positions they have available," Davis emphasized.
While some undocumented immigrants own homes, most rent, and the report found migrants were paying more than $10 billion in property taxes either directly or indirectly via payments to landlords. The study reported most undocumented adults have lived in the U.S. for 16 years or more.
"By and large, these are people who are trying to put down roots and are trying to have a better life for themselves and for their families," Davis added. "These are folks who have been here for quite a while, and who are really contributing to the economy and to our funding of our public services in significant ways."
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As immigration takes center stage this election season, a new study revealed the significant tax contributions made by undocumented immigrants.
The essential workers added nearly $100 billion in federal, state and local taxes in 2022, including nearly $16 million in Maine.
James Myall, analyst at the Maine Center for Economic Policy, said the money helps support public infrastructure and services.
"Even folks who are here without documented status are still contributing to the fabric of our communities," Myall pointed out. "Paying in taxes to state and local government."
Myall argued granting more work authorizations to undocumented immigrants in Maine would increase their tax payments by nearly $4 million and reduce reliance on public assistance. Maine's congressional delegation has been pushing for faster work permits but bipartisan legislation remains stalled in the Senate.
With nearly two jobs available for every applicant, Maine companies are looking to immigrants to fill important roles, including in the state's iconic lobster industry, as more workers head toward retirement.
Myall emphasized with one of the oldest populations in the U.S., Maine should welcome everyone who wants to work.
"The direct care sector, in hospitality, in health care," Myall outlined. "In some of these vital sections of our economy - immigrants are helping to fill that gap."
Maine officials say the state will need 75,000 new workers by 2029 to remain economically viable. Earlier this year, Gov. Janet Mills signed a supplemental budget, which included funding to create an Office of New Americans, to help "new Mainers" with resettlement and integration.
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