Yesterday, the Supreme Court gave the green light for a controversial Texas immigration law to take effect, which allows local law enforcement to arrest migrants illegally crossing the border into Texas. However, shortly after the High Court’s decision, the U.S. Court of Appeals for the 5th Circuit blocked enforcement of the law, known as Senate Bill 4 (SB 4). The 5th Circuit Appeals Court scheduled oral arguments for a Wednesday morning hearing to weigh the merits of the case, with the Supreme Court already having stated that it may intervene again, depending on the 5th Circuit outcome. Let’s get into the details.
Background on SB 4
Moving quickly, a “federal appeals court has again blocked a law that makes it a state crime for migrants to illegally cross the border into Texas, hours after the U.S. Supreme Court’s conservative majority allowed the law to take effect while challenges to it continue through the court system.” The 5th Circuit decision blocks the enforcement of SB 4 until oral arguments scheduled for this morning are heard.
Senate Bill 4 authorizes local Texas police to “arrest people they suspect crossed the Rio Grande between ports of entry.” Additionally, the law allows law enforcement to arrest any undocumented immigrants anywhere in the state of Texas. It also “earmarks $1.54 billion in state money to continue constructing barriers along the 1,200-mile border.” Under SB 4, illegally crossing the border into Texas from Mexico is now a state crime. The statute was passed last year amid growing concern over a record surge in border crossings into Texas and has been at the center of a growing debate over immigration in the United States and the conflict between state and federal power to address immigration enforcement. For more background on this case, check out our previous blog post on the controversial law.
Ongoing Legal Battle: Oral Arguments and Future Proceedings
Last month, District Court Judge David A. Ezra temporarily blocked the Texas law from taking effect, finding that the statute is likely unconstitutional “and could open the door to each state passing its own version of immigration laws.” The 5th Circuit then halted the District Court’s decision, allowing the law to be enforced unless the Supreme Court intervened. This decision led the Biden Administration, immigrant rights groups, and El Paso County in Texas to ask the Supreme Court to keep the law on hold until litigation continued. The Supreme Court then decided to weigh in, allowing the law to take effect.
The Supreme Court did not explain their legal reasoning to allow the law to take effect; however, according to reports, “Justice Amy Coney Barrett, joined by Justice Brett M. Kavanaugh, said it was premature for the justices to intervene at the moment before the 5th Circuit decides whether to keep the law in effect while the appeal is underway. They urged the 5th Circuit to act quickly, and said the Supreme Court would consider additional action if the lower court did not.” The dissenting Supreme Court justices argued that the “5th Circuit indefinitely upended the status quo last month by halting the lower district court’s injunction that blocked the law from taking effect.”
In response, the 5th Circuit scheduled today’s hearing (being held via Zoom) and again blocked SB 4 from taking effect for now. The 5th Circuit scheduled oral arguments to be heard on April 3rd to consider the constitutionality of the controversial law. For now, the law again remains on hold until the 5th Circuit decides.
National Implications for Immigration Law
According to reports, the current litigation surrounding SB 4 is “the latest court battle between the Biden administration and GOP leaders in Texas over the proper role of states in immigration enforcement.” It will be a crucial issue during the 2024 presidential election. Historically, the federal government has had exclusive purview over U.S. immigration laws and policies. Amid the mounting border crisis, however, state officials in Texas and other border states want to crack down on illegal border crossings by implementing state laws that may conflict with federal jurisdiction over immigration.
Texas officials have claimed that in recent months since the enactment of a state-led crackdown on illegal immigration, known as Operation Lone Star, migrants, and smugglers have altered their travel plans and are crossing into Arizona and California instead of Texas. According to The Washington Post, “Southern Arizona and the San Diego area are now the two busiest places along the Mexican border for illegal crossings.”
Immigration is a highly divisive point of contention in the United States and will surely be a heavily debated topic during election season. The Biden Administration and immigrant advocacy groups strongly oppose Texas state officials’ attempts to take immigration policy into their own hands. They warn that state legislation aimed at curbing illegal migrant crossings could lead to local law enforcement targeting anyone they presume to be “illegal.” According to reports, even “[local] law enforcement agencies across the state, including the Houston Police Department, have said the law threatens their relationship with immigrant communities and may prevent people from calling 911 during emergencies out of fear they could face arrest because of their immigration status.”
Texas state officials believe they have a legal right to defend against the surge of illegal border crossings and have defended SB 4 “in part by invoking limited state war powers, suggesting that the influx of immigrants is akin to the imminent danger of an invasion. In February, a District Court judge rejected that argument, holding that surges in unauthorized immigration alone do not qualify as an invasion.” Whether the Supreme Court will again weigh in on this case is yet to be determined and will likely depend on how the 5th Circuit rules. Check back with the blog to stay updated on this developing story.
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Sources:
https://www.washingtonpost.com/politics/2024/03/19/supreme-court-texas-immigration-law
https://www.texastribune.org/2024/02/06/texas-human-smuggling-law-minimum-sentence
Music: Disruptor’s Dance by Anka Mason
Blog Narration: Anka Mason
