If Elected, Can Trump Shut Down the Border? SCOTUS Has Spoken

Ron Chapman II Interviewed by NPR’s Peter Biello on SCOTUS Border Cases

Four Supreme Court Cases Every Citizen Must Know About the Border

As Governor Greg Abbott and President Biden, square dance over actions at the southern border, let’s take a walk-through history and discuss a few Supreme Court border cases that everyone should know.

I seem to be bombarded by videos of people at the United States border, refusing to answer questions, suggesting that a border stop is unlawful, and questioning the authority of agents to ask about citizenship. The cases below, give a profound amount of information as to why border control has run the way it is.

The legal history regarding the southern border with Mexico, particularly as it involves the U.S. Supreme Court, intertwines complex issues of immigration law, executive power, and federal versus state authority. Here are some key cases and decisions that highlight this history:

1. United States v. Brignoni-Ponce (1975): This case addressed the Fourth Amendment rights concerning the stopping of a vehicle near the U.S.-Mexico border based on the occupants’ apparent Mexican ancestry. The Supreme Court ruled that the roving patrol stops require reasonable suspicion of a violation of the immigration laws, not just the appearance of being of Mexican descent.

2. Plyler v. Doe (1982): This decision tackled the rights of undocumented immigrant children to receive a free public education. The Court held that states cannot deny students a free public education on account of their immigration status, citing that such a policy violates the Equal Protection Clause of the Fourteenth Amendment.

3. Arizona v. United States (2012): This case was a significant Supreme Court decision regarding state versus federal power over immigration. The Court struck down several provisions of Arizona’s SB 1070, a strict anti-immigration law, ruling that the federal government has broad, preeminent power in immigration policy. The Court allowed one provision to stand, which required police officers to determine the immigration status of someone arrested or detained when there is “reasonable suspicion” they are not legally in the U.S.

4. Trump v. Hawaii (2018): This case examined President Donald Trump’s executive order to impose travel restrictions on citizens from several predominantly Muslim countries and was significant for its broader implications on the President’s power to control immigration at the borders for national security reasons. The Supreme Court upheld the travel ban, stating that the President has broad discretion under the Immigration and Nationality Act to suspend the entry of noncitizens into the United States.

Political determinations over the years, from the construction of barriers and walls to the deployment of national guard troops and the implementation of various policies such as “Remain in Mexico” under the Trump administration, have also been significant. These actions often prompt legal challenges, leading to further Supreme Court cases or lower court rulings.

These cases, among others, illustrate the ongoing legal and political debates over how best to manage and control the southern border, balancing security, humanitarian, and immigration concerns within the framework of U.S. law and constitutional protections.