On March 26, a federal appeals court dealt a blow to Texas by extending the block on a controversial law that would enable police to arrest individuals suspected of being in the country illegally.
In a late-night ruling issued just minutes before midnight, a panel of judges from the 5th U.S. Circuit Court of Appeals voted 2-1 to deny Texas’ request to enforce the law, known as Senate Bill 4 (SB 4), while the legal battle surrounding it unfolds. The court is slated to hear arguments on April 3 regarding the legality of SB 4.
This decision comes after the U.S. Supreme Court briefly permitted SB 4 to take effect on March 19, only for it to be halted by the appeals court shortly thereafter.
Senate Bill 4, if enacted, would grant state and local law enforcement the authority to arrest migrants suspected of unlawfully crossing the Texas-Mexico border. Undocumented immigrants could face imprisonment for up to six months or a $2,000 fine, with repeat offenders potentially facing felony charges. Additionally, judges would have the power to order migrants back to Mexico, irrespective of their nationality.
The Biden administration, along with several immigrant advocacy groups, challenged Texas over SB 4, contending that the law undermines the federal government’s jurisdiction over immigration enforcement and damages diplomatic relations with foreign nations.
Texas Governor Greg Abbott and other prominent Republicans in the state have consistently criticized President Joe Biden’s border policies, asserting that SB 4 is essential to combat what they describe as an “invasion” by migrants and drug cartels.
Chief Judge Priscilla Richman, in her ruling, emphasized that immigration control falls exclusively under federal jurisdiction, highlighting the potential conflicts SB 4 could create with federal immigration laws. She noted that the law grants Texas judges unilateral authority to order undocumented migrants to return to Mexico without federal input, a move that could strain relations between the United States and Mexico.
The Mexican government, in a brief filed on March 21, warned that implementing SB 4 could lead to significant tension between the two countries, asserting that Mexico would not accept deportations from Texas.
Following the appeals court’s decision, immigrant rights organizations expressed relief, viewing it as a step towards holding Texas accountable for what they see as endangering the well-being of residents. Jennifer Babaie, the director of advocacy and legal services for the El Paso-based Las Americas Immigrant Advocacy Center, emphasized the importance of continued vigilance and advocacy to challenge SB 4.
However, Judge Andrew Oldham, in a dissenting opinion, argued that the case is based on hypothetical scenarios, as Texas authorities have yet to make any arrests or deportations under SB 4. He advocated for allowing SB 4 to take effect, asserting that enforcement would decrease illegal border crossings and associated crimes.
Looking ahead, lawyers representing Texas, the U.S. Department of Justice, El Paso County, and the American Civil Liberties Union are set to present their arguments before the same three-judge panel on April 3 in New Orleans. The outcome of this hearing could potentially lead the case back to the Supreme Court for further review.
