The Supreme Court indefinitely delayed a Texas immigration law on Monday that empowers state authorities to arrest and deport illegal immigrants.
The Texas law, SB 4, was to go into effect if a deadline of 4:00 pm on Monday was not met. The court order was released after the deadline, leading to confusion over whether the court decided to let the law stand.
The law does not stand, though, at least for now. Justice Samuel Alito extended a stay halting SB 4 for the second time. Originally, the law was to go into effect on March 5. However, since the Biden administration is suing Texas over the constitutionality of SB 4, the administration won a temporary injunction to stop the law from going into effect until the Supreme Court decides the case. The Biden administration loooves to sue Texas to stop Governor Abbott from securing the Texas border and doing Joe Biden’s job.
The question boils down to this – does the federal government have sole enforcement powers? Or, can SB 4 give Texas state immigration enforcement powers?
We don’t know the answer yet. If you ask my opinion (you did, didn’t you?), I think it will come down to the Supremes ruling that immigration remains solely a federal enforcement issue.
Justice Alito offered no explanation in the single-page order. He did not set a deadline for the extension. He blocked SB 4 indefinitely while the bigger question plays out.
The DOJ, El Paso County, and civil and immigrant rights groups joined together to sue to stop SB 4. They argue that the new immigration law goes against a century of court precedent on immigration powers. SB 4 would interfere with the federal government’s enforcement powers. Four Texas residents who could face arrest and deportation if the law takes effect are also challenging SB 4.
Texas Republicans passed SB 4 during the fourth special session of the Texas Legislature in 2023. They said it is necessary to protect the state from an invasion of illegal immigrants seeking asylum. It is also meant to protect Texas from Mexican drug cartels. The state has to step up because the federal government is not doing its job to secure the southern border. Illegal border crossings have reached new records during Biden’s presidency.
State officials, including Lt. Governor Dan Patrick, were hoping the ruling Monday would allow the law to go into effect. Patrick made a pitch to the court during an interview on Fox News Channel. Host Lawrence Jones was doing the interview for Fox and Friends. “To the Supreme Court justices who are watching Fox, I am sure this morning as they get up early, we are being attacked, Lawrence, by land, by sea, by air, literally.”
Alas, it was not meant to be.
SB 4 makes it a crime to enter Texas from Mexico without permission. If any law enforcement in Texas picks up an illegal alien, they will be arrested and a judge can order their removal back to Mexico. The law makes it a crime to illegally enter the state from Mexico – it’s as simple as that. Why isn’t it already illegal to do that? It’s just common sense. Are Americans allowed to enter Mexico without permission, such as without proper documentation? No. The answer is no.
Only in Biden’s America is illegal immigration allowed to run rampant. The open border is unsustainable. Border communities are overburdened. Crime is up among illegal aliens. Border Patrol agents and other law enforcement along the border are overwhelmed. Biden won’t do his job so we need a new president to be elected in November. It’s time to change course.
Meanwhile, Texas carries on as best as it can.
.@TxDPS will continue to enforce current state law by ensuring the safety & security of Texas & the Nation. DPS Troopers have made 41,020 criminal arrests, 10,439 criminal trespass arrests, & 505,863 illegal immigrant encounters, which would otherwise have gotten away if not for… https://t.co/Q3YySSAerc pic.twitter.com/v48OsAYngl
— Chris Olivarez (@LtChrisOlivarez) March 18, 2024
SCOTUS temporarily halted enforcement of SB 4 but Texas is still using its authority to arrest illegal immigrants for criminal trespass and other violations of law.
We continue building the wall, use NG to erect razor wire barriers to repel migrants & buoys remain in river.— Greg Abbott (@GregAbbott_TX) March 18, 2024