A panel of federal judges has issued a ruling that paves the way for a controversial Texas law empowering local police to arrest people suspected of entering the country illegally to take effect unless the U.S. Supreme Court intervenes.
The U.S. Court of Appeals for the Fifth Circuit ordered a week-long stay of a lower court’s decision to block Senate Bill 4, which civil rights and immigration advocates fear will lead to racial profiling.
The appeals court judges did not rule on the merits on the case. Plaintiffs were given seven days to file their appeal to the higher court.
A few days earlier, the plaintiffs, including the American Civil Liberties Union and El Paso-based immigrant advocacy group Las Americas, celebrated U.S. District Court Judge David A. Ezra’s decision to block the law he said “could open the door to each state passing its own version of immigration laws.”
Then, late Friday, the state of Texas asked for an administrative stay, keeping the lower court’s injunction from taking effect. The appeals court granted the request, but gave the parties until March 9, or seven days, to ask the U.S. Supreme Court to rule on the appropriateness of the stay.
The ruling from the conservative Fifth Circuit sets the stage for yet another SCOTUS ruling to settle an ongoing debate about Texas’s border policies.
The Texas legislature passed S.B. 4 last year as part of Republican Gov. Greg Abbott’s push to expand the state’s role in border security. The law criminalizes illegal migration as a misdemeanor, punishable by up to six months in jail. Anyone accused of reentering the country illegally could face felony charges. Lawmakers also empowered state judges to order deportations to Mexico and allow local law enforcement personnel to carry them out. Judges could also drop the charges if the migrant agrees to return voluntarily.
Plaintiffs contend that the legislation gives law enforcement overly broad powers to arrest anyone they suspect of having crossed the border illegally, no matter how far they live from the border itself or the details of their immigration status.
Abbott has repeatedly clashed with the Biden administration over immigration enforcement. He contends that the state has a right to defend itself from an “invasion” at the southern border. The Texas border with Mexico is an international boundary, however, under the jurisdiction of federal authorities.
(c) 2024, The Washington Post · Arelis R. Hernández
