The Supreme Court on Tuesday affirmed Texas’ right to implement a new law granting local law enforcement the authority to detain migrants, marking a significant setback for the Biden administration’s more lenient border stance.
The ruling, made by the court’s conservative majority, is a pivotal moment in the ongoing debate over state versus federal jurisdiction in immigration matters. The Biden administration’s emergency plea, which argued that immigration falls exclusively within the realm of federal oversight was denied.
This now paves the way for the Texas law to take immediate effect, even as further litigation is anticipated in the lower courts.
However, the future of the law remains uncertain, with the possibility of it being overturned at a later stage. For now, Texas can proceed with enforcing the statute that aims to address the state’s concerns over border security.
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Justice Sonia Sotomayor, representing the liberal faction of the Supreme Court, expressed her strong dissent, stating, “The court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos.”
However, Justice Amy Coney Barrett, a member of the court’s conservative wing, issued a separate statement highlighting the absence of an appellate court’s judgement on the matter. She indicated the provisional nature of the Supreme Court’s decision, stating, “If a decision does not issue soon, the applicants may return to this court.”
BREAKING: The Supreme Court is allowing Texas to arrest and jail illegal immigrants who cross into the United States illegally.
A massive loss for the Biden administration 🔥
The Court shot down Biden’s emergency request and determined that the law can go into effect while… pic.twitter.com/saI5NdjgLo
— Collin Rugg (@CollinRugg) March 19, 2024
Republican Texas Governor Abbott enacted Senate Bill 4 in December of last year, a law allowing state law enforcement to detain individuals suspected of unauthorized entry across the U.S.-Mexico border.
The law has been disliked by Democrats for not providing protections for U.S. citizens, potentially allowing for the deportation of citizens and non-citizens alike without a right to appeal.
The bill grants magistrate and district judges in Texas the authority to order the deportation of individuals arrested for newly established offenses of “Illegal Entry From Foreign Nation” and “Illegal Reentry By Certain Aliens.” The law classifies unauthorized entry into Texas as a Class B misdemeanor, potentially leading to 180 days in jail and/or a $2,000 fine.
Repeat offenses or illegal reentry after deportation can escalate to felonies, with harsher penalties including longer jail terms and higher fines.
SB4 also allows for ordering individuals arrested under these offenses to return to their country of origin, potentially in lieu of prosecution. The law represents a significant enhancement in Texas’ border security approach, particularly under the Biden administration.
In February, a federal judge in Austin blocked SB4, citing potential “grave irreparable harm” to the federal government’s exclusive authority over immigration laws. The concern was that if SB4 were allowed to proceed, it might encourage other states to enact their own immigration regulations, leading to a disjointed array of laws.
Defending the legislation, Texas Attorney General Ken Paxton argued in court filings on Tuesday that the law complements federal law as he insisted that the state should be allowed to enforce it.
The Constitution “recognizes that Texas has the sovereign right to defend itself from violent transnational cartels that flood the state with fentanyl, weapons, and all manner of brutality,” Paxton said.
Paxton, like many Texans, has been critical of the Biden administration’s border policies.
