The controversy surrounding immigration law in Texas continues to generate headlines after the Fifth Circuit Court of Appeals issued a decision that once again blocks the implementation of this strict immigration law.
The Supreme Court had previously rejected a request from the Biden administration to pause enforcement of the law while it faces legal challenges in lower courts. However, late-night Court of Appeals decision dissolved pause on lower court order which had prevented the law from taking effect until the litigation was concluded.
This legal twist means that SB4 will remain blocked while the case continues in processwith the Court of Appeals hearing arguments to determine whether the law should remain on hold until its legality is decided.
SB4 is an immigration law that would authorize local and state law enforcement to arrest migrants suspected of having crossed into the state illegally. It would also give judges the power to order the return of migrants to Mexico, regardless of their country of origin.
Why did the Supreme Court change its decision on SB4?
The Biden administration has argued that immigration law is the exclusive responsibility of the federal government and that local jurisdictions do not have the authority to enforce it, as established by the Constitution.
“This Court has long recognized that the regulation of the entry and exit of noncitizens is inseparably linked to the conduct of foreign relations and, therefore, is exclusively delegated to the Federal Government,” the administration stated in a document filed before the U.S. Supreme Court this month.
On the other hand, Texas assures that it has right to arrest migrants under the State War Clause of the Constitution, which allows state action in cases of invasion or imminent danger.
This new pause in the implementation of SB4 accentuates the complexity of the legal and political disputes around immigration in the United States. In accordance with ABC, Civil rights groups and migrant advocates expressed relief by the Court of Appeals decision, while Texas continues to defend the need for SB4 to address what it considers an emergency situation at the border.
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