It would seem to me that Texas immigration law is not only unconstitutional, but fails to meet the requirements of and violates the treaty of Guadalupe. The definition, status of Mexican nationals in the American southwest on what is now US soil, immigration, and movement of peoples between the US and Mexico, is actually defined in part by treaty law, which actually is above even federal law and becomes the “law of the land” per article 2, section 2.
This simple fact certainly makes it clear why border issues including immigration can only be a matter of federal law rather than states. In fact, somewhat similarly, the Jay treaty defines these things for the Canadian-US border. The Jay treaty specifically defines the free movement of native peoples over the Canadian-US border, too. No state in the north can take that right away, and no state in the south can violate the treaty of Guadeloupe either.
In fact there are many formal and ratified nation-to-nation treaties the US federal government is a party to that relate to human rights, immigration law, migrants, borders, and refugee practices. These treaties can only be anchored by and guaranteed thru acts of federal law. There is no role for state law, especially because, like in Texas, it can violate existing nation-to-nation treaty rights of different populations.
Nor can the present supreme court where many justices claim adherence to originalism be institutionally ignorant of the power of treaties and their historic relationship to borders, immigration rights, etc. After all, the Jay treaty itself was negotiated by, and named after John Jay, the “original originalist”, if you will, who served as the first chief justice of the Supreme Court. This makes the actions of the US supreme court not only a question of US law, not only a constitutional question of federal authority vs state law, but also
a question of international concern, especially with respect to long settled nation-to-nation treaties which are the foundation of international relations. Only wilful ignorance offered as a form of deliberate incompetence can account for the US Supreme Courts action in regard to immigration law, and this can
form a basis for impeaching current justices.
David Sugar has authored free software for telephony as well as having collaborated with Russell Means on treaty issues and nation to nation relations, and has participated in tribal governments.
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