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Mexico Condemns Texas Law, and Says It Will Not Accept Deportations From the State (www.nytimes.com)

submitted 7 months ago by [email protected] to c/[email protected]

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[–] [email protected] 1 points 7 months ago (1 children)

Is it though? What part of the constitution are you referring to?

[–] [email protected] 3 points 7 months ago (1 children)

No, but the Treaty Clause means that states cannot make agreements directly with foreign governments, which Texas creating a new process by which to deport people that does not include handing them over to federal immigration authorities, but instead directly to Mexican authorities, would seem to violate. Our current agreements with Mexico all include Federal immigration authorities/ agencies.

I actually believe that this is a constitutional violation, as it pertains to deportations (but not arrests). ^

[–] [email protected] 1 points 7 months ago (1 children)

Considering that Mexico is denying they will cooperate with this law it seems a stretch to call it a treaty. And even if you do accept this logic, it is hardly explicit.

[–] [email protected] 3 points 7 months ago* (last edited 7 months ago)

Mexico is saying they will not cooperate with Texas' attempt to make a deal directly with them.

That doesn't make Texas' overtures towards making an agreement directly with Mexico okay; that's still a potential violation of the treaty clause, which prohibits negotiation by states as well, not just the ratification of a treaty itself.

Sure, courts may not do anything about it (and given our current courts, probably won't) unless it actually gets to the point where Texas is directly interfacing with another country, but if, for instance, Texas tries its tactic of putting immigrants on flights, but does it to foreign countries, I imagine federal courts are going to be BIG MAD.