The U.S. Supreme Court’s decision Tuesday to allow enforcement of Texas’ SB4 immigration law was short-lived. Within hours of the court’s decision to return the matter to the U.S. 5th Circuit Court of Appeals, the New Orleans-based court’s three-member panel voted 2-1 to pass the law. was prevented from taking effect. . The appeals court then scheduled oral arguments on the issue for Wednesday.
Under Texas’ SB4, local and state law enforcement agencies would be allowed to arrest, detain and prosecute immigrants suspected of entering the country illegally from Mexico. The legislation would also allow immigrants convicted of crimes to leave the country as part of sentencing agreements. Immigrants convicted of a second offense of illegally entering the country face a felony charge in addition to deportation.
The American Civil Liberties Union (ACLU), ACLU of Texas, and Texas Civil Rights Project currently lawsuit We protest SB4 on behalf of Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County. The lawsuit alleges that SB4 violates the Supremacy Clause of the U.S. Constitution because enforcement of immigration law is solely a matter for the federal government.
The constitutionality of Texas’ new immigration law is being challenged in federal court, and the law has been blocked, reinstated and suspended three times by the Supreme Court. Tuesday’s ruling by the U.S. Supreme Court sent the matter back to lower appellate courts, where the latest ruling once again puts the controversial law on hold.
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.”
The law will likely end up in the country’s highest court. If the Fifth Circuit makes any decision after arguments scheduled for Wednesday, the ACLU’s challenge would ensure an immediate appeal to the Supreme Court.
The legal battle could be tough. In 2010, a similar immigration bill signed by then-Arizona Governor Jan Brewer made it a misdemeanor for immigrants to be illegally present in the state and illegally employed by immigrants. Ultimately, the Supreme Court ruled that Arizona’s SB 1070 violated 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 and directed operations for nine Border Patrol stations within the Del Rio, Texas area. Follow him on Twitter @RandyClarkBBTX.
