The Supreme Court temporarily allowed a Texas law to take effect that allows local police to arrest migrants suspected of crossing the border illegally.
The Biden administration had sued Texas over the law, arguing it infringes on federal authority over immigration enforcement.
However, the Court’s ruling was not on the merits of the case, but rather on lifting a stay issued by a lower court that had blocked the law.
“The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and removal of noncitizens,” the lawsuit states. “Texas cannot run its own immigration system. Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations.”
“Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court. Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court,” Texas Attorney General Ken Paxton stated.
Some justices expressed concern over the lower court’s actions, while others issued a dissent saying the law upends the federal-state balance of power on immigration.
“Before this Court intervenes on the emergency docket, the Fifth Circuit should be the first mover,” Justice Amy Coney Barrett wrote.
“So far as I know, this Court has never reviewed the decision of a court of appeals to enter — or not enter — an administrative stay. I would not get into the business. When entered, an administrative stay is supposed to be a short-lived prelude to the main event: a ruling on the motion for a stay pending appeal,” she wrote.
The case now returns to the lower court, with further legal battles likely ahead.
“Texas passed a law that directly regulates the entry and removal of noncitizens and explicitly instructs its state courts to disregard any ongoing federal immigration proceedings. That law upends the federal state balance of power that has existed for over a century, in which the National Government has had exclusive authority over entry and removal of noncitizens,” Justice Sonia Sotomayor said.
“S.B. 4 will not only make communities in Texas less safe, it will also burden law enforcement, and sow chaos and confusion at our southern border. S.B. 4 is just another example of Republican officials politicizing the border while blocking real solutions,” the White House stated.
The ruling comes amid ongoing clashes between Texas and the federal government over issues like border security and access during the migrant crisis at the southern border.
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