WASHINGTON (AP) — The Supreme Court has granted permission for the state of Texas to enforce a contentious law that allows state law enforcement officials to arrest individuals suspected of entering the United States illegally. The decision was made by the court on Monday, although no explanation was provided. Justice Amy Coney Barrett, in a concurring opinion joined by Justice Brett Kavanaugh, argued that the Supreme Court should not intervene in this stage because the lower court’s order, which the Biden administration sought to block, was only temporary.
This ruling comes as part of a lawsuit filed earlier this year by the Biden administration to halt the enforcement of Texas’s S.B. 4 law. The law criminalizes noncitizens’ entry into Texas and gives state court judges the power to order the return of noncitizens who entered the country illegally to Mexico. The Biden administration, along with El Paso County and two immigrants’ rights groups, had sought to block the law’s enforcement.
In February, a U.S. District Judge issued an order blocking Texas from enforcing the law while litigation continued. However, this order was temporarily put on hold by the U.S. Court of Appeals for the 5th Circuit. This prompted the Biden administration and the other challengers to bring the case to the Supreme Court, asking for the stay issued by the 5th Circuit to be lifted and for the law to remain on hold while the litigation proceeded.
The Biden administration argued that Texas’s law would cause chaos in the administration of federal immigration laws in the state and is inconsistent with previous Supreme Court decisions. They emphasized that federal immigration laws are primarily the responsibility of the federal government, and state laws should not supersede them.
Texas, on the other hand, asserted that S.B. 4 was enacted to address the increase in unauthorized immigration and the influence of Mexican drug cartels and human trafficking of minors. They argued that the law mirrored federal law and that Texas should be allowed to assist in the enforcement of federal immigration laws.
The Supreme Court, in an unsigned order, rejected the Biden administration’s request to lift the stay issued by the 5th Circuit. Justice Barrett, in a five-page opinion, explained that the court of appeals had not yet ruled on whether Texas was entitled to a stay pending appeal. She stated that the Supreme Court should continue its practice of not reviewing the decision of a court of appeals to enter or not enter an administrative stay. Justice Sotomayor dissented from this decision, expressing concern about the law’s potential impact and its constitutionality.
This ruling by the Supreme Court allows Texas to proceed with enforcing S.B. 4, while the litigation surrounding the law continues. The decision has significant implications for the balance of power between the federal government and states in matters of immigration. As the case progresses, it remains to be seen how it will ultimately impact immigration policies in Texas and beyond.