The Supreme Court has stopped Texas from enforcing a law that would let state officials arrest and detain individuals they believe entered the country illegally. This temporary block will stay in effect while the court reviews urgent appeals from the Biden administration and others. They are requesting the justices to halt the law's enforcement while their legal objections are addressed. The order issued on Monday does not specify when the block will end.
Justice Samuel Alito issued the order because he is responsible for overseeing cases from the appeals court handling the matter.
Senate Bill 4 was signed into law by Texas Governor Greg Abbott in December. This raised worries among immigration advocates about potential racial profiling, detentions, and deportation attempts by state authorities in Texas. Latinos make up 40% of the state's population.
The Justice Department has argued that the law would make significant changes to the long-standing relationship between the United States and the States in terms of immigration for almost 150 years.
A pair of immigration groups and El Paso County stated in court papers that while people may have differing opinions on immigration, states have historically not been allowed to regulate key aspects of immigration such as entry and removal. This has been established by the Court for the past 150 years, despite concerns raised by states like California in the 1870s, Pennsylvania and Michigan in the 1930s, and Arizona in 2012.
A federal judge in Austin, Texas, initially stopped the state government from enforcing the law. However, the 5th US Circuit Court of Appeals intervened and allowed the law to go into effect on March 10 if the Supreme Court did not intervene. Following this, Justice Alito issued an administrative stay on March 4.
Texas Attorney General Ken Paxton and other officials argued to the Supreme Court that the Constitution gives Texas the right to protect itself from violent transnational cartels that bring in dangerous substances like fentanyl and weapons.
Texas officials stated in legal documents that the state serves as the primary defense against transnational violence in the country. They also mentioned that Texas has been dealing with the dangerous outcomes of the federal government's failure to secure the border.
The oral arguments for this case at the 5th Circuit Court of Appeals are set to take place next month.
This story has been updated with additional details.
Editor's P/S:
The Supreme Court's temporary block on Texas's SB 4 is a welcome respite for advocates of civil rights and immigrant communities. The law's potential for racial profiling and arbitrary detentions is deeply concerning, as it would have allowed state officials to effectively enforce federal immigration law, a responsibility that historically rests with the federal government. This case highlights the ongoing tensions between states and the federal government over immigration policy, with states often seeking to implement their own restrictive measures that may conflict with federal law and values.
The arguments presented by Texas officials, who claim that the law is necessary to protect the state from transnational crime, are both misleading and dangerous. The vast majority of undocumented immigrants are not involved in criminal activity, and the notion that they pose a threat to public safety is simply not supported by facts. Furthermore, the law's focus on racial profiling and detention of individuals without due process undermines the constitutional rights of all residents of Texas, regardless of their immigration status. It is crucial that the Supreme Court ultimately upholds the federal government's authority over immigration and strikes down this discriminatory law.