Texas immigration law remains temporarily blocked by appeals court

[LAUREN TAYLOR]

THE BACK-AND-FORTH BETWEEN THE STATE OF TEXAS AND THE BIDEN ADMINISTRATION OVER IMMIGRATION CONTINUES PLAYING OUT IN THE COURTS.

LATE TUESDAY, A FEDERAL APPEALS COURT RULED THE TEXAS LAW ALLOWING STATE LAW ENFORCEMENT OFFICERS TO ARREST AND DETAIN MIGRANTS COMING OVER THE US SOUTHERN BORDER – WILL REMAIN ON HOLD WHILE LEGAL CHALLENGES PLAY OUT. 

A THREE-JUDGE PANEL VOTED 2-1 TO KEEP THE LAW – KNOWN AS SENATE BILL 4 – BLOCKED WHILE THE COURT DECIDES IF THE LAW IS UNCONSTITUTIONAL.

TEXAS GOVERNOR GREG ABBOTT SIGNED SB4 INTO LAW IN DECEMBER.

IT ALLOWS TEXAS LAW ENFORCEMENT TO CAPTURE AND DETAIN MIGRANTS SUSPECTED OF CROSSING THE BORDER ILLEGALLY. 

THE LAW ALSO GIVES JUDGES THE POWER TO DEPORT UNDOCUMENTED MIGRANTS.

IN LATE FEBRUARY –

U.S. DISTRICT JUDGE DAVID ALAN EZRA BLOCKED THE LAW BEFORE IT WENT INTO EFFECT – WRITING “SB4 DIRECTLY CHALLENGES THE FEDERAL GOVERNMENT’S LONG-HELD POWER TO CONTROL IMMIGRATION, NATURALIZATION, AND REMOVAL” – IN THE PRELIMINARY INJUNCTION. JUDGE EZRA STATED KEEPING SB4 ON THE BOOKS WOULD ALLOW EACH STATE TO PASS IT’S OWN SET OF IMMIGRATION LAWS.

TEXAS THEN APPEALED THE DECISION – AND THE 5TH CIRCUIT COURT OF APPEALS SAID IN A BRIEF ORDER – THAT THE LAW COULD GO INTO EFFECT IF THE SUPREME COURT DIDN’T STEP IN.

THE HIGH COURT DID STEP IN – REJECTED AN EMERGENCY REQUEST FROM THE BIDEN ADMINISTRATION AND THE JUSTICES RULED – THE LAW COULD GO INTO EFFECT WHILE LITIGATION PLAYED OUT IN THE LOWER COURTS.

HOURS AFTER THAT RULING CAME DOWN –

THE 5TH CIRCUIT APPEALS COURT RULED THE TEXAS LAW SHOULD REMAIN SUSPENDED.

ORAL ARGUMENTS OVER WHETHER TO UPHOLD THE INJUNCTION ARE SET FOR APRIL 3.