Only as illegal immigrants rushed the southwestern border in El Paso, Texas, the Biden presidency is locked in a months- lengthy legal battle with Gov. Greg Abbott over a questionable anti- illegal immigration laws.
What is S. B. 4?
Senate Bill 4 was passed by the Texas government and signed by Gov. Greg Abbott in December. The law allows authorities to arrest those in the country improperly by making it a state violence for someone to provide or are- enter the country illegally. It even allows state courts to attempt illegal immigrants to become deported.
The law was signed during a quarter in which there was a record number of contacts at the southern border, when more than 300, 000 workers hit the frontier.
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Why was it questionable?
The maneuver was instantly targeted in a lawsuit by the Biden administration in January. The management said the legislation encroached upon federal immigration enforcement.
“]Texas ‘ ] efforts, through SB 4, enter on the federal government’s exclusive authority to regulate the entry and treatment of noncitizens, impede the United States ‘ immigration procedures and proceedings, and interfere with U. S. international relationships”, the Department of Justice said in its January complaint.
But Texas says the regulation is required due to the Biden administration’s failing to tackle the problems at the southwestern border.
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” The president of the United States has a constitutional duty to enforce federal laws protecting states, including laws already on the books that mandate the detention of illegal immigrants”, Abbott said in February. ” Texas has the right to defend itself because of President Biden’s ongoing failure to fulfill his duty to protect our state from the invasion at our southern border” . ,
What happened in court?
The law was blocked and moved its way to the 5th Circuit Court of Appeals, where the court issued an administrative stay, putting it on hold. The matter then moved to the Supreme Court.
This week, the court kicked the case back to the 5th Circuit, briefly allowing for S. B. 4 to become law but without ruling on the merits of the case. Hours later, however, the 5th Circuit temporarily blocked the law from going into effect ahead of oral arguments Wednesday.
What happens next?
Now that oral arguments have been completed, the court will issue a ruling. It is n’t clear when that might happen.
When it does, there is a good chance one of the two sides will request that the Supreme Court intervene again. Justice Amy Coney Barrett had suggested such a move was likely in her concurring opinion Tuesday.  ,
” Before this Court intervenes on the emergency docket, the Fifth Circuit should be the first mover”, Barrett wrote.
” Merits briefing on Texas’s challenge to the District Court’s injunction of S. B. 4 is currently underway. If a decision does not issue soon, the applicants may return to this Court”.
What is Texas doing?
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Texas says it still has the ability to stop and arrest illegal border crossers, even with the law on ice. That was on display in a shocking moment Thursday when over 100 migrants burst through Texas National Guardsmen blocking their entry further into the U. S.
” Even without S. B. 4, Texas has the legal authority to arrest people coming across the razor wire barriers on our border, and we will continue to use our arrest authority and arrest people coming across the border illegally”, Gov. Abbott said Wednesday.
He added that Texas ‘ Department of Public Safety has already arrested more than 40, 000 for crossing illegally.
