South Carolina Attorney General Alan Wilson has announced that he is co-leading a group of 23 state attorneys general in calling for a federal appeals court to overturn a recent decision that blocked Texas from enforcing its own immigration law.
The coalition argues that the district court’s ruling undermined state sovereignty by preventing Texas from criminalizing illegal immigration at the state level and allowing state courts to deport individuals who cross the border unlawfully. The court had found that such measures likely conflicted with the federal government’s authority over immigration policy.
“Joe Biden’s refusal to enforce federal immigration laws forced states like South Carolina to step in to protect our communities. We’re leading this effort to make sure no state is ever put in this position again. If a future president won’t defend our borders, states must have the power to do it themselves. That’s why I am leading the fight on this issue,” said Attorney General Wilson.
Attorney General Wilson and Ohio Attorney General Dave Yost led the filing of an amicus brief in United States v. Texas, which was submitted today. The brief asserts that states have a sovereign right to pass laws aimed at protecting their residents’ safety, especially as crossings at the Southern border reach record levels. The attorneys general contend that increased migration has significant effects on public safety, health care systems, and other state resources.
The brief also references constitutional avoidance—a legal doctrine suggesting courts should interpret statutes so as not to create unnecessary constitutional conflicts. According to the attorneys general, if the lower court had applied this principle, it would have maintained an appropriate balance between federal and state powers under America’s system of federalism.
The coalition is asking all judges on the U.S. Court of Appeals for the Fifth Circuit to rehear the case and overturn an earlier panel’s decision by affirming states’ rights to act when they believe federal enforcement is insufficient.
Attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Virginia, West Virginia and Wyoming joined South Carolina in signing onto the amicus brief.
