The Biden administration is embroiled in a months-long legal battle with Gov. Greg Abbott over controversial anti-illegal immigration legislation just as illegal immigrants flooded the southern border in El Paso, Texas. .
What is SB4?
Senate Bill 4 passed the Texas Legislature in December and was signed by Governor Greg Abbott. The law allows police to arrest illegal immigrants by making illegal entry or re-entry a national crime. It would also allow state judges to order deportation of illegal immigrants.
The law was signed in a month that saw more than 300,000 migrants cross the border and a record number of encounters at the southern border.
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Texas Gov. Greg Abbott, a Republican, and the Biden administration have been at odds over how to deal with the growing border crisis. (Getty Images)
Why was it controversial?
The move immediately became the subject of a January lawsuit by the Biden administration. The administration said the law infringes on federal immigration enforcement.
”[Texas’] “These efforts through SB 4 violate the federal government’s exclusive authority to regulate the entry and removal of noncitizens, interfere with U.S. immigration operations and procedures, and interfere with U.S. foreign relations,” the Department of Justice said. said in the January lawsuit.
But Texas says the law is necessary because the Biden administration has failed to address the crisis at its southern border.
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“The president of the United States has a constitutional duty to enforce federal laws that protect states, including laws already passed that require the detention of illegal immigrants,” Abbott said in February. “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.”
What happened in court?
The law was blocked and sent to the Fifth Circuit Court of Appeals, where the court issued an administrative stay and put it on hold. The matter then moved to the Supreme Court.
This week, the court sent the case back to the 5th Circuit, which temporarily allowed SB 4 to pass, but did not rule on the merits of the case. But hours later, the Fifth Circuit temporarily blocked the law from taking effect ahead of Wednesday’s oral arguments.
What happens next?
Now that oral arguments have concluded, the court will issue its decision. It’s not clear when that will happen.
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In that case, there is a good chance that either side will ask the Supreme Court to intervene again. Justice Amy Coney Barrett suggested in a concurring opinion Tuesday that such a step was likely.
“The Fifth Circuit should take the initiative before this court intervenes in the investigation of an emergency case,” Barrett wrote.
“A briefing on the merits of Texas’ challenge to the district court’s SB 4 injunction is currently underway. If a decision is not issued soon, petitioners may return to this court.”
What is Texas doing?
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Texas says even if ice laws exist, it still has the ability to stop and arrest illegal border crossers. That was on display in the shocking moment Thursday when more than 100 migrants entered the Texas National Guard to prevent them from entering the United States.
“Even without SB4, Texas has the legal authority to arrest people who cross the border’s razor wire, and we will continue to use that authority to arrest people who cross the border illegally,” Governor Abbott said Wednesday. We will arrest those who come.”
He added that the Texas Department of Public Safety has already arrested more than 40,000 people for illegally crossing.
