Divided US appeals court blocks enforcement of Texas state immigration law
A 2-1 panel of the 5th U.S. Circuit Court of Appeals upheld, opens new tab an injunction that blocked enforcement of the disputed law, which former Democratic President Joe Biden's administration had gone to court to challenge.
Republican President Donald Trump's administration dropped the federal government's case, but Texas's law known as SB4 had continued to be challenged by, among others, the immigrant rights group Las Americas Immigrant Advocacy Center, which argued federal law preempted the state's.
The law, which Texas Governor Greg Abbott signed in December 2023, would make it a state crime to illegally enter or re-enter Texas from a foreign country and would empower state judges to order that violators leave the United States, with prison sentences up to 20 years for those who refuse to comply.
U.S. Circuit Judge Priscilla Richman, writing for the New Orleans-based court's majority, said that for nearly 150 years, the U.S. Supreme Court has recognized that the power to control immigration was exclusively a federal power.
Relying on a 2012 U.S. Supreme Court ruling that struck down parts of an Arizona immigration law, she said the Texas law, if allowed to be enforced by the Texas Department of Public Safety, would interfere with the federal government's ability to enforce complex U.S. immigration laws.
The state did not respond to requests for comment.
The ruling upheld a lower-court judge's February 2024 preliminary injunction. The U.S. Supreme Court a month later briefly allowed the law to take effect, but the 5th Circuit within hours halted it pending further review.
The opinion by Richman, an appointee of Republican President George W. Bush, was joined by U.S. Circuit Judge Irma Carrillo Ramirez, a Biden appointee.
U.S. Circuit Judge Andrew Oldham, a Trump appointee, dissented. He said the majority treated as irrelevant that Trump has been encouraging states to aid his administration's efforts to ramp up immigration enforcement.
"It is a sad day for the millions of Americans who are concerned about illegal immigration and who voiced those concerns at ballot boxes across Texas and the Nation," Oldham wrote.
Cody Wofsy, a lawyer for the plaintiffs at the American Civil Liberties Union, in a statement welcomed the ruling, saying state immigration laws like the one Texas adopted have been repeatedly rejected by courts and "are deeply harmful to our communities.'
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BBC News
22 minutes ago
- BBC News
Wetin Nigerian constitution tok about Kemi Badenoch claim about her children citizenship
Di UK Conservative Party leader, Kemi Badenoch don enta tori again afta claim wey she make say she no fit transfer her Nigerian citizenship to her. Clearly, dis no be di first time wey Badenoch go chook mouth inside matter about Nigeria and evritime she tok am, plenti reactions dey follow. Howeva, dis time around Badenoch dey tok for one interview wit CNN Fareed Zakaria wia she dey explain her policy wey go make am tough for immigrants and oda pipo wey dey japa enta UK. For di interview, Badenoch dey tok how e go dey tough for immigrants to get British citizenship and pipo wey dey come, make dem understand well. As she bin dey tok, na dia she use Nigeria do example say even though she be Nigeria citizen sake of her parents, she no fit give same citizenship to her children becos say she be woman. "E dey virtually impossible, for example, to get Nigerian citizenship. I get citizenship by virtue of my parents, I no fit give my children becos I be woman," she tok. Dis tok don cause different reactions, especially from Nigerians wey dey give dia own gbas-gbos back. Make we breakdown wetin Nigerian constitution really tok about citizenship, who fit get am, who dey eligible and under which condition anyone fit get Nigerian passport. Wetin Nigerian constitution tok about citizenship According to di different Nigerian constitution since 1979, specifically di 1999 constitution of di Federal Republic of Nigeria (wit amendments 2011), e dey clear as to how pesin fit be or claim to be citizen of Nigeria. To put dis against Kemi Badenoch about her children citizenship, na three ways pesin fit be or claim to be Nigerian citizen - by birth, by registration and by naturalisation. Dis na according to section 25, 26 and 27 of di Nigerian constitution. Make we look wetin dis sections tok ontop dis matter: Citizenship by birth Di Nigerian 1999 constitution spell am out say dis following set of pipo na citizen of Nigeria: E provide say pesin no fit become a citizen of Nigeria sake of dis section if neither of his parents nor any of his grandparents was born in Nigeria. First, make we clear am say Kemi Badenoch na Nigerian citizen sake of her parent root as Nigerians, even though dem no born her for Nigeria. Citizenship by registration According to section 26 (1) of di same 199 constitution as amended say pesin fit be citizen of Nigeria if: Now, on di account say anybodi wan claim to be citizen of Nigeria under dis category, di pesin go gatz register and President gatz dey satisfied wit am - no be automatic, e get process. Citizenship by naturalisation Dis category dey under section 27, wey show say na di President fit grant certificate of naturalisation to pesin if e meet di condition wey dey constitution set - since dem no born di pesin for Nigeria. Under dis category dis pesin gatz don stay for Nigeria for up to fifteen years, take Oath of Allegiance and dey behave well for Nigeria. Now, under dis three categories, Badenoch children fit claim to be Nigerian citizens sake of say dia grandparents na Nigerians by birth -- based on section 25 (subsection 1a and c) of di Nigerian constitution. Dem also fit be citizen of Nigeria by registration, though dem no born dem for Nigeria. But since dia grandparents na citizens of Nigeria, dem fit apply under dis provisions to become Nigerian citizens. Irrespective of di gender of di Nigerian parents or either of di Nigerian parent involved, dia children na citizen of Nigeria. Howeva, anyone wey be Nigerian citizen by birth, di President no fit deprive am of such citizenship. Make we let you know say dem born her as Olukemi Adegoke for Wimbledon for di year 1980, she bin grow up for Lagos, Nigeria. She also grow up for di United States wia her physiology professor mother bin dey lecture. She den return to di UK for di age of 16 to live wit one friend of her mama sake of di worsening political and economic situation for Nigeria, and to study for her A-levels for one college for south London while she dey work for McDonald restaurant Kemi den later marry a Scottish banker Hamish Badenoch for 2012, from wia she come take her husband surname - now known as Kemi Badenoch, and dem get three children. Since wen Badenoch begin lead di Conservative, her stand ontop immigrants na evriday matter wia she say e dey too easy for pipo to claim benefits for di UK. Di Conservative leader don tell di BBC bifor say dem need to "crackdown on pipo wey dey benefit from di system for bad ways". Dis na part of wetin bring dis citizenship wahala wey Nigerians dey drag her ontop. Lawyer tok im legal view on di citizenship matter Ogbonge lawyer, Festus Ogun tell BBC News Pidgin say di constitution for Nigeria make am clear as to how pesin fit be citien of di kontri. Festus say di constituion provide say anyone fit be citizen of Nigeria if either of di parent na Nigerian, even if dem no born dem for Nigeria. "Sake of Section 25(1)(c) of di Constitution, wia pesin parents na Nigerians or either of one parent na Nigerian, any child wey dem born na Nigeria citizen notwitstanding di fact say dem born di child for anoda kontri and irrespective of di gender of di Nigerian parent." Di ogbonge lawyer add say any child wey any Nigerian parent born, dem no fit deny dem citizenship. "Na form of automatic citizenship by birth. Only instance wia citizenship by birth fit dey denied na wia di pesin renounce im citizenship." Under di Nigeria cosntitution na pesin wey be 'full age' (18 years and above) fit renounce im citizenship, and once di President register am according to law, such pesin no go be citizen of Nigeria again. For dis context, e mean say na only wen Badenoch children decide to renounce dia Nigerian citizenship, dem go stop to be citizen of Nigeria. Who be Kemi Badenoch Kemi Badenoch make history as she win di UK Conservative Party leadership race. She become di first black woman to lead a major UK political party. Kemi Badenoch bin promise to "renew" di Conservatives afta dem elect her as party leader since she defeat fellow right winger Robert Jenrick. Dis na di closest race since Conservative members begin to vote for di leader in 1998. Badenoch win with 53,806 votes while Jenrick get 41,388. Badenoch wey dey 45-year-old don become di sixth Tory leader in less dan eight and a half years, afta she serve as MP for seven years. Badenoch join di Conservative Party for 2005 for di age of 25 and run unsuccessfully for Parliament for 2010 and di London Assembly for 2012. Wen two Tory Assembly members, including Suella Braverman, dey elected as MPs for 2015, she take a vacant Assembly seat. Oda times Badenoch don make claim about Nigeria "I no be PR for Nigeria" Kemi Badenoch defend her past comments about Nigeria for 2024, afta she describe growing up in fear and insecurity for kontri wia she say corruption plenti. Few days afta she make dat comment, Nigerian Vice-President Kashim Shettima react and say she fit "remove the Kemi from her name" if she no dey proud of her "nation of origin". 'Yoruba na my true identity' Badenoch wash hand comot from Northern Nigeria, wey she refer to as a home for Islamism and Boko Haram. "Yoruba na my true identity, and I refuse to dey lumped wit di northern pipo of Nigeria, wey 'be our ethnic enemies, ' all in di name of being called a Nigerian. 'Police tiff my brother shoe' For 12 December 2024 Kemi Badenoch share her experience wit Nigerian police for interview wit Honestly With Bari Weiss. "My experience wit di police for Nigeria dey veri negative and to come UK my first experience wit di police dey veri positive. "You know I remember di police steal my brother shoes and im watch.
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