On Tuesday, the U.S. Supreme Court made a decision not to halt a Republican-backed Texas law that grants state law enforcement authorities the power to arrest individuals suspected of illegally crossing the U.S.-Mexico border. This move came despite a request from President Joe Biden’s administration to block the law.
The administration had requested the justices to temporarily halt a judicial order that would have allowed the Texas law to become effective while the U.S. government’s legal challenge against the statute progresses in lower courts.
BREAKING: The US Supreme Court has just ruled that Texas can enforce their own immigration laws.
This is a MASSIVE victory for border security! pic.twitter.com/lHSX2Ay0JJ
— ACT For America (@ACTforAmerica) March 19, 2024
The administration’s argument centers around the assertion that the law contravenes the U.S. Constitution and federal law by interfering with the federal government’s authority to regulate immigration.
In December, Texas Governor Greg Abbott signed a law referred to as SB 4. This legislation grants state law enforcement the authority to apprehend individuals suspected of illegally entering the United States. Notably, it extends powers traditionally held by federal agencies to local officers.
Governor Abbott asserted that the law became necessary due to President Biden’s perceived failure in enforcing federal laws that criminalize illegal entry or re-entry. During a press conference on December 18, Abbott stated that Biden’s deliberate inaction had forced Texas to fend for itself.
The Democratic president’s management of the surging numbers of migrants apprehended while illegally crossing the U.S.-Mexico border during his tenure has elicited strong disapproval from Republicans.
Governor Abbott and fellow Republicans contend that President Biden ought to have maintained the stringent policies implemented by former President Donald Trump, who is their party’s candidate challenging Biden in the November 5 U.S. election.
The Texas law criminalizes unauthorized entry or re-entry into the state, imposing penalties that span from 180 days in jail to 20 years in prison. According to this law, Texas magistrate judges are obligated to instruct migrants to return to Mexico, and those who decline to comply may face sentences of up to 20 years.
In January, the Justice Department filed a lawsuit to halt the implementation of this measure, which was initially scheduled to become effective on March 5. Lawyers from the Biden administration contended that it contravenes federal law and constitutional provisions that grant the U.S. government authority to regulate commerce with foreign nations and among states. Furthermore, they assert that it conflicts with a 2012 Supreme Court precedent.
U.S. District Judge David Ezra, based in Texas, ruled in favor of the administration on February 29. He granted a preliminary injunction, effectively preventing Texas officials from enforcing the law. Judge Ezra’s decision was grounded in the belief that the law undermines the essential principle that the United States should manage immigration with a unified approach.
However, the 5th U.S. Circuit Court of Appeals, headquartered in New Orleans, temporarily halted Judge Ezra’s ruling. Their order would have allowed the Texas law to come into force on March 10. In response, the administration swiftly submitted an emergency request to the Supreme Court.
On March 4, Justice Samuel Alito, who oversees specific emergency cases related to a coalition of states (including Texas), suspended the 5th Circuit’s decision. Consequently, the law was prevented from being implemented, allowing the Supreme Court additional time to deliberate on the issue.
Under Operation Lone Star, Texas has implemented several measures to deter illegal crossings along its border. These actions are aimed at combating the smuggling of people and drugs into the state. Deploying National Guard troops to the border, blocking migrants with concertina wire and installing a floating barrier over a stretch of the Rio Grande.
Texas' SB4 brings even more chaos to the border by allowing local police to arrest and deport anyone they think is unauthorized.
SB4 is just the newest component of Texas' ballooning $12 billion dragnet known as Operation Lone Star.
Learn more ⤵️pic.twitter.com/vEOw4ULvSj
— Human Rights Watch (@hrw) March 20, 2024
In February, Republicans thwarted a bipartisan Senate agreement aimed at enhancing border security and enforcing stricter immigration laws. This deal was derailed after Trump exerted influence on members of his party, urging them to oppose it.
President Biden attributed the bill’s collapse to Republican legislators yielding to political pressure from Trump, who perceives it as detrimental to his political standing.
Exit polls conducted by Edison Research after the primary election voting in early March revealed widespread concern among voters regarding the border situation. For many, this issue took precedence as their top voting concern.
Additionally, Reuters/Ipsos polling indicated that President Biden’s public approval rating stood at 37% as of February 28th.
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