The Biden administration and the state of Texas held oral arguments Wednesday in a high-profile case over the state’s anti-illegal immigration law, hours after it was temporarily blocked by the Supreme Court.
Oral arguments on the legislation, known as Senate Bill 4, were scheduled to begin at 11 a.m. ET. The law, signed by Gov. Greg Abbott in December, allows police to arrest people suspected of entering the United States illegally. A new criminal offense, “improper border entry,” will be added, allowing state judges to order deportation to Mexico.
The Biden administration filed a lawsuit claiming the law infringes on the authority of federal authorities in matters related to immigration enforcement. This would be the most significant effort by a state to challenge federal enforcement since a 2012 Arizona law that was ultimately struck down by the Supreme Court.
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Texas Governor Greg Abbott has taken a number of steps to crack down on illegal immigration. (Brandon Bell/Getty Images)
“Its efforts through SB4 violate the federal government’s exclusive authority to regulate the entry and removal of noncitizens, interfere with U.S. immigration operations and processes, and interfere with U.S. foreign relations,” the Justice Department said. stated in the month’s report. Lawsuit.
But Texas argues the law is necessary because of gaps in the Biden administration’s immigration enforcement efforts amid a historic and ongoing crisis at the southern border, of which Texas is a frontline.
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“The president of the United States has a constitutional duty to enforce federal laws that protect the nation, including existing laws requiring the detention of illegal immigrants,” Abbott argued last month. “Texas has the right to protect itself as President Biden continues to neglect his duty to protect the state from invasion at its southern border.”
The Fifth Circuit Court of Appeals had blocked the law from going into effect. The Supreme Court did not rule on the merits of the case Tuesday night, allowing the law to take effect and sending it back to the 5th Circuit.
President Biden visited the southern Texas border last month. (Cheney Orr/Getty Images)
Hours later, the 5th Circuit again put the law on hold, with oral arguments on the merits set for Wednesday.
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The fight over the law is the latest legal battle between Texas and the administration over how to deal with the border crisis. The two sides also fought in court over Texas’ construction of razor wire and the installation of buoys in the Rio Grande.
In January, Texas occupied Shelby Park, a key area of Eagle Pass for migrants, and denied federal agents access to the area.
Tuesday’s Supreme Court ruling sparked immediate protests from Mexico, which said it would not accept attempts by state authorities to return the migrants.
“Mexico recognizes the importance of a uniform migration policy and bilateral efforts with the United States to ensure that migrants are safe, orderly, human rights-respecting, and unaffected by state and local legal decisions. “Mexico does not take any stance in this regard. It accepts repatriation by the State of Texas under any circumstances,” Mexico’s Ministry of Foreign Affairs said.
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The announcement comes as the border crisis is expected to be the most important issue in the general election scheduled for November. President Biden and former President Trump visited Texas last month and delivered their own speeches.
President Trump has called for mass deportations and expressed support for Abbott’s efforts to secure the border. Biden has urged Congress to pass a bipartisan border funding bill that was rushed through the Senate, arguing that his administration needs reforms and more funding to secure the border.
Louis Casiano of Fox News Digital contributed to this report.
