UPDATE: 

Short-term fate of Texas’ controversial immigration law could come down to a George W. Bush nominee–CNN

 

By Devan ColeTierney Sneed and Hannah Rabinowitz, CNN

 

A federal appeals court heard arguments Wednesday over whether to allow Texas to temporarily enforce its controversial law that allows state officials to arrest and detain people they suspect of entering the country illegally.

After an hour of oral arguments, it seemed clear that the main question was whether a key swing vote on the three-judge panel at the 5th US Circuit Court of Appeals could be persuaded to join her more conservative colleague in allowing some of the law to take effect – even if other parts remain blocked.

The debate over whether to “sever” part of SB 4 featured most prominently when Circuit Judge Andrew Oldham, a conservative appointee of former President Donald Trump, suggested to an attorney for the Biden administration that there are parts of the law that do not overlap with federal authority on immigration. Oldham hinted that he disagreed with a district court’s move to block the entire Texas law instead of just parts of it.

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