The enforcement of a Texas law that enables the state to arrest and deport people entering the country illegally has once again been obstructed by a federal appeals court. The decision by the three-judge panel arrived on Tuesday, following the Supreme Court’s command to the 5th U.S. Circuit Court of Appeals in New Orleans to address outstanding issues in the case swiftly.
In the brief period that the law was active, ambiguity reigned at the border due to repetitive court orders and a lack of clarity from state officials in Texas. It was uncertain how the state intended to enforce the law. The action has drawn strong criticism from immigrant rights organizations and a number of Mexican officials.
The appeals court established an expedited hearing for Wednesday morning subsequent to the Supreme Court denying a request from the Biden administration to intrude. Later, the panel revoked the temporary pause imposed on the enforcement of the measure by a trial judge’s injunction without explaining the reasoning behind the decision.
The legislative measure, known as SB4, has been a point of contention for the Biden administration who see it as an extraordinary infringement on the federal power to set immigration policy. The law declares illegally entering or reentering the U.S. through Texas a state crime and permits state judges to order some undocumented individuals to exit the country. Texas law enforcement officers would be responsible for ensuring the verdict is carried out.
Texas is arguing for an extensive new authority to confront illegal immigration. The state asserts that the U.S. Constitution permits the state to defend itself against the influx of individuals crossing the border. Specifically, Texas cites a section of the Constitution that allows states to engage in war or take alternative action when they are “actually invaded.”
The Supreme Court refused to elaborate on its reasoning behind the split decision that denied the Biden administration’s request to keep the law on hold. However, Justices Amy Coney Barrett and Brett Kavanaugh noted in a concurring opinion that it would have been premature for the Supreme Court to intervene while the dispute over SB4 remains within the purview of the 5th Circuit court.
Prior to the law being obstructed by the appeals court, Mexico’s Undersecretary of Foreign Affairs for North America, Roberto Velasco Álvarez, stated in a social media post that Mexico “rejects” the Supreme Court’s decision and would not accept repatriations from Texas.
For more details regarding the Supreme Court case, refer to United States v. Texas,
23A814.