The U.S. Supreme Court on Wednesday blocked enforcement of Texas’ SB4 immigration law and extended the stay period. The country’s Supreme Court extended the suspension until Monday, March 18th.
When Texas’ new immigration law takes effect, state and local law enforcement officials will be able to arrest and prosecute immigrants who enter the country illegally. The suspension is just one of several legal hurdles the law has faced since it was scheduled to take effect earlier this month.
The controversial law also allows immigrants to voluntarily accept expulsion from the United States in exchange for a reduced sentence for illegal entry. Supreme Court Justice Samuel Alito issued the latest order extending a moratorium on states enforcing the law.
The constitutionality of Texas’ new immigration law is being challenged in federal court, with the U.S. Supreme Court blocking it, reinstating it, and blocking it twice. In late February, Senior U.S. District Judge David Ezra in Austin halted enforcement of Senate Bill 4, which was scheduled to take effect March 5, citing the federal government’s primacy over immigration enforcement.
in him decisionEzra wrote, “For the past century, Texas has relied on the broad police powers granted under the Constitution to control crime within state borders. , the federal government cannot regulate illegal entry and removal.”
Texas has responded to the Ezra ruling on the issue, pending a federal appeals court ruling granting a seven-day stay unless the Biden administration grants enforcement of a law that would allow the issue to reach the U.S. Supreme Court. An appeal was filed. Based on an appeals court ruling overturning Ezra’s original order, the law would have gone into effect on March 9th had the Supreme Court not intervened.
Texas SB4 reflects current federal law under Section 8 of Title 1325, United States Code, which makes illegal entry into the United States a misdemeanor for a first offense and a felony for a second offense. Under the Biden administration, federal legislation has not been pushed as far.
A pending Texas law allows immigrants to agree to return to their home countries as part of a sentencing agreement. A similar process in federal court, known as “prescribed removal,” allows immigrants to waive their right to another administrative immigration hearing by agreeing to be removed from the United States as part of the criminal sentencing process.
The law could face an uphill battle when reviewed by the Supreme Court. A similar immigration bill signed by then-Arizona Governor Jan Brewer in 2010 made it a misdemeanor for immigrants to be illegally present in the state and illegally employed by immigrants. In the majority opinion blocking the law, Supreme Court Justice Kennedy ruled that several provisions of SB 1070 infringe on the federal government’s primacy in regulating and enforcing immigration law. .
Randy Clark He is a 32-year veteran of the U.S. Border Patrol. Prior to his retirement, he served as Division Chief of Law Enforcement Operations, directing operations for nine Border Patrol stations within the Del Rio, Texas area. Follow him on Twitter @RandyClarkBBTX.
