The Biden administration has petitioned the US Supreme Court to obstruct a new Texas enforcement measure permitting the state to detain and deport individuals who illegally cross the country’s border. This news comes from Bloomberg Law, and the request follows a mere two days after a federal appeals court ruling, which will allow for the enforcement of the law this coming Saturday, barring Supreme Court intervention. Specifically, the Federal administration’s argument is the law oversteps into federal jurisdiction.
The new law would have significant implications for the status quo that has existed between the United States and the states in respect of immigration for almost a century and a half, according to Solicitor General Elizabeth Prelogar. It would try to fundamentally transform the current balance of power maintained between federal and state governments.
This represents an ongoing tension between state and federal powers concerning immigration enforcement, a historically contentious area within US law. Particularly in states bordering Mexico, where the issue of illegal migration is more pronounced, this has often led to friction between local and federal authorities. It remains to be seen whether the Supreme Court will side with the Biden administration and assert immigration enforcement as primarily within federal purview, or if it will give its approval for states like Texas to take matters into their own hands.