Texas has been barred from implementing its controversial immigration policy, Senate Bill 4, following a ruling from a federal appeals court. The Fifth Circuit United States Court of Appeals voted 2-1 against a motion from the State of Texas seeking permission to enforce the law. Senate Bill 4 grants state and local police the authority to detain, question, and charge undocumented immigrants suspected of crossing the border unlawfully. The law also mandates the deportation of individuals back to Mexico, regardless of their nationality, upon conviction. Shortly after Governor Greg Abbott signed Senate Bill 4 into law in December, the Biden Administration filed a lawsuit challenging the legislation.
The court’s decision emphasized that allowing Texas to detain noncitizens without federal government involvement would enable the state to pursue its own immigration policy. Furthermore, the court addressed the conflict between the Texas removal provisions, which would send noncitizens to Mexico, and the United States’ authority to determine the country to which noncitizens should be deported. Many of the noncitizen immigrants crossing into Texas from Mexico are not Mexican citizens or residents, but under Texas law, they would be deported to Mexico without any input from the United States.
This ruling comes after several back-and-forths on the enforcement of Senate Bill 4. Earlier this month, a late-night order from an appeals court panel temporarily halted the law. The U.S. Supreme Court initially allowed the law to take effect but later, the appeals court panel put it on hold ahead of scheduled oral arguments. Despite the temporary effectiveness of the law, Texas authorities did not report any arrests or enforcement actions during that period.
Law enforcement agencies along the Texas-Mexico border expressed support for Senate Bill 4’s arrest powers but acknowledged the need for probable cause. Sheriff Brad Coe of Kinney County stated that observers should not expect an immediate change in the situation. While Texas has seen a significant decline in arrests for illegal crossings, the reasons for sudden shifts in activity are complex and multifaceted, often influenced by smuggling organizations. In recent months, Tucson, Arizona, has emerged as the busiest corridor, followed by San Diego in January.
The Biden administration attributed a drop in arrests to heightened enforcement efforts by Mexico on the border, particularly in the Rio Grande Valley. They noted that Mexican law enforcement in Sonora, the state south of Arizona, faces significant challenges in combating illegal crossings. President Joe Biden visited the Rio Grande Valley for his second trip to the border in an attempt to address these challenges.
The ruling against Texas’ Senate Bill 4 reflects an ongoing legal battle between the state’s immigration policies and federal authority. This decision prevents the implementation of a law that critics argue is an overreach and conflicts with the federal government’s power to enforce immigration laws. As the debate continues, the future of immigration policies in Texas remains uncertain.