Houston, Texas – The 5th U.S. Circuit Court of Appeals has overturned a lower court ruling that temporarily halted a Texas law allowing police to arrest migrants suspected of illegally entering the United States. The decision has granted a temporary administrative stay for seven days, giving the federal government time to appeal to the Supreme Court. If the Supreme Court does not intervene, the law will go into effect on March 9. Last week, U.S. District Judge David Ezra blocked the Texas law, which was supposed to take effect on March 5, marking a victory for the Biden administration in its immigration enforcement dispute with Republican Governor Greg Abbott.
Governor Abbott had signed SB4 into law in December, pushing the boundaries of Texas’ authority to control migration into the country. The legal battle between Texas and the Biden administration over border security measures has resulted in several lawsuits. The Texas law would allow state law enforcement officers to arrest individuals suspected of entering the country illegally. Once in custody, migrants could choose to leave the country as ordered by a Texas judge or face charges for illegal entry. Failure to comply with these orders could result in further arrests and possible felony charges.
Supporters of the law, mainly Republicans, assert that it would target only those who recently entered the United States and would be enforced only along the Texas-Mexico border due to the two-year statute of limitations for illegal entry charges. Governor Abbott has garnered support from other GOP governors who argue that the federal government is not adequately enforcing immigration laws.
Tensions between Texas and the Biden administration have escalated this year regarding border patrol and security measures. In response, Texas has implemented various actions, including the placement of a floating barrier in the Rio Grande, the installation of razor wire along the border, and the denial of access to a riverfront park in Eagle Pass that Border Patrol agents previously used to process migrants.
The outcome of this legal battle will have significant implications for immigration policy in Texas and potentially shape the approach of other states along the U.S.-Mexico border.