South Carolina Attorney General Alan Wilson announced that he is co-leading a coalition of 23 attorneys general urging a federal appeals court to reverse a U.S. District Court decision that blocked Texas from enforcing its state immigration law.
The district court previously ruled that the Texas law, which would make illegal immigration a state crime and allow Texas courts to deport individuals who cross the border unlawfully, likely conflicts with the federal government’s authority over immigration policy.
Attorney General Wilson said, “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.”
Wilson and Ohio Attorney General Dave Yost led the filing of an amicus brief in United States v. Texas, arguing that states have a sovereign right to enact legislation aimed at protecting residents’ safety. The attorneys general cited increased crossings at the Southern border and stated that this trend has significant impacts on public safety, health care systems, and state resources.
The brief also referenced the doctrine of constitutional avoidance, which encourages courts to interpret statutes so as not to create unnecessary constitutional conflicts. According to the attorneys general, if the lower court had relied on this principle, it would have maintained the balance intended by federalism.
The coalition is asking the full U.S. Court of Appeals for the Fifth Circuit to rehear the case and overturn the earlier decision, thereby affirming states’ rights to take action when they believe federal efforts are 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 brief.
