The Biden administration is urging the Supreme Court to prevent Texas from implementing an immigration law called SB4.
This law would grant state law enforcement the authority to apprehend migrants suspected of entering the U.S. without authorization. SB4 is considered one of the most expansive state immigration laws in recent U.S.
history, allowing Texas officials to detain and prosecute migrants for illegal entry or reentry, and enabling state judges to issue de facto deportation orders.
Last week, U.S. District Court Judge David Ezra temporarily blocked the enforcement of SB4, stating that immigration matters fall under federal jurisdiction.
Despite this, the 5th Circuit Court of Appeals suspended Ezra’s order over the weekend while it reviews an appeal from Texas.
The Biden administration has now appealed to the Supreme Court, and Justice Samuel Alito has paused the 5th Circuit’s order until Wednesday, March 13, giving Texas until the end of the business day next Monday to present its case. If the Supreme Court supports Texas, SB4 could take effect on March 13 at 5 p.m. ET.
Texas Governor Greg Abbott, a Republican who signed SB4 in December, contends that the law is necessary to curb migrant crossings and criticizes the Biden administration for not doing enough to deter illegal immigration.
Texas state troopers have already made arrests on trespassing charges, but SB4 would enable them to do so without the cooperation of property owners.
In contrast, the Biden administration argues that SB4 interferes with federal immigration enforcement, disregards U.S. asylum laws, and strains relations with Mexico, which has condemned the law as anti-immigrant.
According to the Justice Department’s submission to the Supreme Court on Monday, “Beyond its disruptive foreign relations effects, SB4 would create chaos in the United States’ efforts to administer federal immigration laws in Texas.”
The legal battle surrounding SB4 is just one of several conflicts between Texas and President Biden regarding immigration policies.
Disputes have arisen over issues such as razor wire and buoys placed by Texas officials along or in the middle of the Rio Grande. Since January, Texas National Guard soldiers, under Abbott’s orders, have prevented federal Border Patrol agents from handling migrant processing in a public park in Eagle Pass.
In compliance with Abbott’s directives, Texas has transported tens of thousands of migrants from the U.S.-Mexico border to major cities led by Democrats, including New York, Chicago, and Denver.
