Brownsville, Texas – The 5th Circuit Court of Appeals has blocked Texas from enforcing its controversial immigration law, known as SB4, just hours after the Supreme Court gave officials permission to prosecute migrants suspected of unauthorized border crossings. The appeals court panel dissolved the temporary suspension that had been put in place to halt a lower court ruling declaring SB4 unconstitutional. This reinstated a ruling by U.S. District Court Judge David Ezra, who determined that the law conflicted with federal immigration laws and the Constitution.
Earlier on Tuesday, the Supreme Court denied the Justice Department’s request to void the initial 5th Circuit order, allowing SB4 to briefly take effect. However, it remains unclear if Texas made any arrests under the law during that time frame. Judge Ezra’s order blocking SB4 will remain in place until the 5th Circuit decides whether to allow the law to be enforced during the appeals court’s consideration of its legality. A virtual hearing on this matter is set for Wednesday morning.
SB4, which was passed by the Texas legislature last year, makes unauthorized migration a state offense, in addition to being a federal offense. The law authorizes law enforcement officials in Texas to detain and prosecute migrants on these new criminal charges. State judges are also given the power to order migrants to return to Mexico instead of facing prosecution, and failure to comply with the order could result in deportation.
The Justice Department has argued that SB4 conflicts with federal law and the Constitution, as immigration enforcement has historically been a federal responsibility. It has also voiced concerns about the strain this law puts on relations with Mexico, which has condemned SB4 as anti-immigrant and pledged to refuse migrants returned by Texas.
Texas Governor Greg Abbott, a vocal critic of President Biden’s border policies, has defended SB4 as a necessary measure to deter illegal immigration. He claims that the federal government has not done enough to address the problem. In recent years, Texas has taken a strong stance against federal immigration policies, transporting tens of thousands of migrants to Democratic-led cities, fortifying stretches of the border with razor wire and buoys, and filing numerous lawsuits against federal immigration programs.
As the legal battle continues, the fate of SB4 remains uncertain. The 5th Circuit’s forthcoming ruling on allowing the law to be enforced during the appeal will have significant implications for Texas’ approach to immigration enforcement and its relationship with the federal government.