The US Supreme Court, controlled by a conservative majority, decided this March 19 to give the green light to the application of the harshest legislative package against the migrant community in US history, the so-called 'SB4', a law signed last December by the Texas governor, Gregg Abbott. The Mexican government expressed its rejection of the court's decision.
Hard setback to the fight for the rights of migrants in the United States. With a balance of 6 judges in favor and 3 against, the highest body of the Judicial Power in the country allowed the application of the law that will allow Texas police officers to arbitrarily detain and prosecute any person who cannot prove their immigration status, by less for now.
The regulations may come into force while the arguments of a lawsuit filed by the Government of the current president, Joe Biden, and by some organizations that defend the rights of migrants are heard.
A day earlier, Judge Samuel Alito had decided to extend the ruling that prohibited Texas from applying the regulations, while the same went on to discuss its constitutionality in the Fifth Circuit of Appeals, as indicated in the federal Administration's lawsuit. But this Tuesday the conservative majority in the organization changed its mind.
The conservative part of the court, led by judges Amy Coney Barrett and Brett Kavanaugh, shared a concurring opinion that their vote is reasoned by issues of protocol and temporalities, since the “administrative suspension” of the law imposed by the appeals court It had to be of “short duration”, which does not mean that the judges agree with the content of the norm.
Barrett also explained that the federal government could file another appeal in the event that the constitutionality analysis carried out by the Fifth Circuit of Appeals does not reach a concrete conclusion “soon.”
In parallel, Judge Sonia Sotomayor, the only Latina in the teaching profession, expressed her rejection of the decision. “Today, the court invites more chaos and crisis in the application of immigration laws,” she said, after her vote, in a note, also signed by her colleague Ketanji Brown Jackson.
“Mexico will not accept repatriations from the state of Texas”
One of the most questioned issues of the aggressive legislation enacted by the Republican Abbott is that it proposes a state deportation system, which contradicts the principle of the current US immigration system, where all legislative and operational powers in reference to migration fall exclusively on the figure of the federal government.
In this sense, the Mexican Foreign Ministry rejected the entry into force of 'SB4', arguing that it encourages the materialization of “expressions of hate, discrimination and racial profiling.”
“Mexico categorically rejects any measure that allows state or local authorities to carry out immigration control tasks, detain and return nationals or foreigners to Mexican territory,” the Foreign Ministry expressed in a statement published on its X profile.
Likewise, the statement explicitly stated that Mexico will not accept “under any circumstances” deportations from Texas, something that calls into question the future of those left at the mercy of the new immigration legislation.
📄 The Government of Mexico, through the Ministry of Foreign Affairs, rejects the entry into force of the law #SB4 in Texas, which aims to stop the flow of migrants by criminalizing them, promoting family separation, discrimination and… pic.twitter.com/jG4rVfbzru
— Foreign Affairs (@SRE_mx) March 19, 2024
Texan immigration policy has led to numerous diplomatic disagreements with Mexico City, from which they highlight the existence of more than ten million Mexican nationals in Texan territory, emphasizing their importance as an active part of said society and their dignity as migrants.
The White House echoed the Mexican reactions, maintaining its rejection of the extremism promoted by Greg Abbott's Government, highlighting that responsibilities for immigration policy within the United States are the sole responsibility of Washington.
“The regulations will not only make communities in Texas more unsafe, but will burden local authorities and sow chaos and confusion at our southern border,” said White House spokeswoman Karine Jean-Pierre. through a statement to the public.
The 'SB4', under the public spotlight
Signed on December 19 by the Texas governor, the 'SB4' law was part of a legislative package with three different judicial orders focused on intensifying immigration restrictions within the Lone Star State, with 'SB4' being the regulation. most extreme immigration in the history of the United States.
Although it has elements similar to 'SB1070' proposed by the Government of Arizona in 2010 (regulation that was invalidated as unconstitutional by the US Supreme Court two years later), 'SB4' is not restricted to granting immigration powers to law enforcement agents. State Police, but criminalizes irregular entry and re-entry into the territory, with penalties of up to 20 years in prison for anyone found guilty.
'SB4' poses a scenario in which Texas police officers themselves remain skeptical.
“Many of the local police chiefs here don't believe (the law) will survive a constitutional challenge. It doesn't look like it will, because a Texas peace officer is not trained. We don't have any training to determine whether a individual is here in this country legally,” said Eddie Guerra, sheriff of Hidalgo County, Texas.
The logic behind the implementation of this controversial rule, for Greg Abbott, is the handling of the border situation by the Biden Administration, which has been highly questioned by numerous conservative state governments, which highlight the record numbers of irregular immigration crossings during the period of the current American president.
With AP, EFE, Reuters and local media
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