The 5th U.S. Circuit Court of Appeals issued an order late Tuesday that once again halts Texas from arresting migrants suspected of entering the U.S. illegally, following the Supreme Court’s decision to allow the strict new immigration law to be implemented. This ruling comes after a previous decision by a panel on the same court that had allowed Texas to enforce the law by temporarily pausing a lower judge’s injunction. The Supreme Court, earlier on Tuesday, in a divided decision, permitted Texas to enforce a law granting police extensive powers to arrest migrants suspected of illegal border crossings while the legal dispute over the legislation unfolds.
The conservative majority order dismissed an emergency application from the Biden administration, arguing that the law violates federal authority and would create disorder in immigration law. Texas Governor Greg Abbott welcomed the order that paves the way for the law, enabling any police officer in Texas to arrest migrants for illegal entry and allowing judges to order them to leave the U.S. The constitutionality of the law was not addressed by the Supreme Court, and the case was referred to the appellate court, which issued the ruling late Tuesday.
🚨🚨 HUGE WIN: Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court. Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court.
— Attorney General Ken Paxton (@KenPaxtonTX) March 19, 2024
The Department of Homeland Security announced that the federal government would continue to challenge the law in court, further complicating the already challenging work of its workforce. The agency will not participate in any efforts to enforce Senate Bill 4, as the Supreme Court majority did not provide a detailed opinion in the case, as is customary in emergency appeals.