The U.S. Supreme Court chose not to prevent the enforcement of a Texas law, supported by Republicans, that empowers state law enforcement to detain individuals suspected of illegally crossing the U.S.-Mexico border. This decision came despite an appeal from President Joe Biden’s administration for the Court to temporarily halt the law while its legality is reviewed in lower courts. The administration contends that the Texas statute, SB 4, unlawfully intrudes on the federal government’s authority to manage immigration by allowing local law enforcement to arrest those suspected of illegal entry, a role traditionally reserved for federal agents.
Quick Read
- The Supreme Court lifted a stay on a Texas law granting police extensive powers to arrest migrants suspected of illegal border crossing.
- The Biden administration is challenging the law, claiming it oversteps federal jurisdiction and could disrupt international relations and immigration law enforcement.
- Texas defends the law as a response to what Governor Greg Abbott terms an “invasion” of migrants at the border.
The Associated Press has the story:
Supreme Court lets Texas law that gives police powers to arrest migrants at border
Newslooks- (AP)
A divided Supreme Court on Tuesday lifted a stay on a Texas law that gives police broad powers to arrest migrants suspected of crossing the border illegally while a legal battle over immigration authority plays out.
The Biden administration is suing to strike down the measure, arguing it’s a clear violation of federal authority that would hurt international relations and create chaos in administering immigration law. A judge could then order them to leave the U.S.
The law allows any police officer in Texas to arrest migrants for illegal entry. A judge could then order them to leave the U.S. Texas has argued it has a right to take action over what Texas authorities have called a crisis at the southern border.
The battle over the Texas immigration law is one of multiple legal disputes between Texas officials and the Biden administration over how far the state can go to patrol the Texas-Mexico border and prevent illegal border crossings.
Texas has argued it has a right to take action over what Gov. Greg Abbott has described as an “invasion” of migrants on the border.
Abbott, who enacted SB 4, justifies the law by citing what he perceives as the Biden administration‘s lack of enforcement of existing immigration laws. He argues that the state has been left to manage border security on its own due to what he sees as the federal government’s negligence. The law, which categorizes illegal entry into Texas as a state offense with penalties ranging from six months to 20 years in prison, also mandates that migrants be ordered to return to Mexico, with severe penalties for non-compliance.
The Biden administration, through the Justice Department, initiated legal action in January to block SB 4, which was initially set to become effective in March. They argue that the law not only breaches federal immigration regulations but also contradicts constitutional provisions that designate immigration control as a federal responsibility. The administration also points to a 2012 Supreme Court decision that supports their stance.
Despite a federal judge in Texas agreeing with the administration’s view and temporarily blocking the law’s enforcement, the 5th U.S. Circuit Court of Appeals later paused this injunction, leading the administration to seek emergency intervention from the Supreme Court. Justice Samuel Alito temporarily stayed the appellate court’s decision, allowing for further Supreme Court deliberation.
This legal battle unfolds as Texas employs various strategies under its Operation Lone Star to deter illegal crossings, including deploying National Guard troops and physical barriers at the border. The political debate over border security and immigration reform continues to intensify, with recent failed attempts at bipartisan legislation in the Senate and widespread public concern over the situation at the border, as reflected in recent polls and primary elections.
