The U.S. Supreme Court has allowed a Republican-backed Texas law to go into effect, enabling state law enforcement authorities to arrest individuals suspected of illegally crossing the U.S.-Mexico border.
President Joe Biden’s administration had requested the Court to halt the law’s implementation while its challenge proceeds in lower courts, but this request was rejected by the Court’s conservative majority in a 6-3 decision, with the liberal justices dissenting.
The administration has argued that the law, known as SB 4, violates the U.S. Constitution and federal law by encroaching upon the federal government’s authority to regulate immigration. Justices Sonia Sotomayor and Elena Kagan, in their dissents, criticized the decision, stating that it disrupts the traditional role of the federal government in immigration enforcement.
Governor Greg Abbott signed SB 4 into law last December, granting state law enforcement the authority to arrest individuals suspected of entering the U.S. illegally. Abbott attributed the necessity of the law to what he deemed as President Biden’s failure to enforce federal immigration laws adequately.
SB 4 establishes illegal entry or re-entry into Texas as a state crime, with penalties ranging from 180 days in jail to 20 years in prison. The law also mandates Texas magistrate judges to order migrants to return to Mexico, with potential sentences of up to 20 years for non-compliance.
Justice Amy Coney Barrett, in her concurring opinion, explained the Court’s decision not to intervene in the lower appeals court’s temporary stay of a judicial decision blocking the law. She emphasized that the Court has historically refrained from reviewing such administrative stays.
Anand Balakrishnan of the ACLU expressed disappointment with the ruling, asserting that it undermines the integrity of immigration laws and due process principles.
The Justice Department filed a lawsuit in January seeking to block SB 4, arguing that it contravenes federal law and constitutional provisions. U.S. District Judge David Ezra sided with the administration, temporarily halting the law’s enforcement. However, the 5th Circuit Court of Appeals paused Ezra’s ruling, prompting the administration to seek emergency relief from the Supreme Court.
Justice Samuel Alito temporarily halted the 5th Circuit’s ruling on March 4, giving the Supreme Court additional time to consider the case. Texas has implemented various measures, including deploying National Guard troops and installing barriers, to deter illegal crossings at the border.
Public opinion polling indicates significant voter concern over border security, with President Biden’s approval rating reflecting this issue’s impact.
