A Texas law that gives local police the power to arrest and deport immigrants suspected of entering the U.S. illegally has been put on hold again, just hours after the U.S. Supreme Court approved it.
The divided Supreme Court’s decision to allow Texas to assume border patrol duties was an important victory for the state’s efforts to control illegal immigration from Mexico. But the action didn’t last long, as hours later, the 5th Circuit Court of Appeals issued a 2-1 order blocking the law, known as Senate Bill 4, from taking effect.
The appeals court panel’s decision will be announced ahead of Wednesday’s court argument.
SB 4 has been in legal limbo since controversial Gov. Greg Abbott signed the bill in December. The Biden administration is suing to overturn the bill, arguing that it usurps federal authority in matters related to immigration enforcement.
Supreme Court approves law allowing Texas police to arrest immigrants suspected of illegally crossing the border
Migrants wait to climb over a bellows wire after crossing the Rio Grande River into the United States from Mexico in Eagle Pass, Texas, on September 23, 2023. As a legal battle over immigration authority unfolds, a divided Supreme Court on Tuesday, March 19, 2024, ruled against a Texas law giving police broad powers to arrest immigrants suspected of crossing the border illegally. The injunction was lifted. (AP Photo/Eric Gay)
On Tuesday, the U.S. Supreme Court lifted an early injunction the 5th Circuit Court of Appeals issued in February on SB 4.
The judgment did not focus on the merits of the case.
The 5th U.S. Circuit Court of Appeals’ order came hours after a divided Supreme Court ruling cleared Texas to assume border security duties. (Kevin Dietsch/Getty Images)
The court also did not explain its reasons for ending the stay, but Justices Amy Coney Barrett and Brett Kavanaugh suggested they could rule differently based on the merits of the case itself.
“The Fifth Circuit should take the initiative before this court intervenes in the investigation of an emergency case,” Barrett wrote.
Texas lawmakers praise Supreme Court for upholding state law allowing arrests of immigrants who cross the border illegally
“To my knowledge, this court has never considered an appellate court’s decision to enter or not enter into an administrative suspension. I would not get involved in this business. “The suspension should be short-lived,” she wrote, “lived through the lead-up to the main event, the ruling on the motion to stay pending appeal.”
Senate Bill 4 has remained in legal limbo since Gov. Greg Abbott controversially signed it into law in December 2023. (Lokman Vral Elibor/Anadolu via Getty Images)
Texas National Guard troops stand by as law enforcement near the Rio Grande River boat launch at Shelby Park on January 26, 2024 in Eagle Pass, Texas. (Michael Gonzalez/Getty Images)
Justices Sonia Sotomayor and Ketanji Brown Jackson issued a scathing dissent, accusing the conservative justices of inviting “further confusion and crisis in immigration enforcement.”
“Texas has passed a law that directly regulates the entry and removal of noncitizens and explicitly directs state courts to ignore ongoing federal immigration proceedings. “It upsets the balance of power in the states, in which the national government had exclusive authority over the entry and removal of non-citizens,” Sotomayor said.
The high court’s decision sent the case back to the Fifth Circuit, which once again blocked the case, starting a new battle before the Supreme Court.
Mexico vehemently opposes the Texas immigration law. (Helica Martinez/AFP via Getty Images)
Mexico has fiercely opposed the Texas law, and Mexico’s foreign minister issued a sharply worded statement saying it would refuse to return any migrants deported under the state law.
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The government said it “categorically refuses” to allow state and local governments to enforce immigration laws.
“Mexico reiterates its legitimate right to protect the rights of its citizens in the United States and to determine its own policies regarding access to its territory,” the government said.
The Associated Press contributed to this report.
