Mexico’s top diplomat for North America rejected the Supreme Court’s ruling, saying that immigration policy was something to be negotiated between federal governments.
States should not control immigration policy full stop. It’s in the constitution explicitly.
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But while Congress’s power over immigration is well established, defining its constitutional underpinnings is more difficult. The Constitution does not mention immigration, but parts of the Constitution address related subjects.
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.
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(bold added for emphasis)
source: https://constitution.congress.gov/browse/essay/artI-S8-C18-8-1/ALDE_00001255/
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.