The Supreme Court ruled on Tuesday that Texas can enforce a new law allowing local police to arrest migrants, NBC News reported.
Texas granted authority to detain migrants under SB4 Immigration Law amid ongoing legal battle
The court turned down an emergency request from the Biden administration. The administration argued that only the federal government has the power to make laws about immigration, not states.
This decision means the law can be put into action while legal battles continue in lower courts. However, it could still be stopped in the future.
The law being discussed, called SB4, gives police the authority to arrest migrants who unlawfully cross the border from Mexico and imposes criminal consequences. Additionally, it grants state judges the ability to order individuals to be deported to Mexico.
This disagreement is the most recent conflict between the Biden administration and Texas regarding immigration enforcement along the U.S.-Mexico border.
After the Biden administration filed a lawsuit, a federal judge halted the law. However, the 5th U.S. Circuit Court of Appeals in New Orleans stated in a brief order that the law could become effective on March 10 if the Supreme Court didn’t intervene.
Legal debate surrounds Texas Immigration Law
On March 4, Justice Samuel Alito temporarily paused the law to allow the Supreme Court to review the federal government’s request.
In court documents, Texas Attorney General Ken Paxton argued in favor of the law, stating that it aligns with federal law and that the state should have the authority to enforce it. The Constitution “recognizes that Texas has the sovereign right to defend itself from violent transnational cartels that flood the state with fentanyl, weapons, and all manner of brutality,” he added.
Solicitor General Elizabeth Prelogar, on the other hand, said that the Texas law contradicts longstanding Supreme Court precedent dating back a century.
“Those decisions recognize that the authority to admit and remove noncitizens is a core responsibility of the national government, and that where Congress has enacted a law addressing those issues, state law is preempted,” she wrote.
Prelogar further added that the appeals court did not provide reasoning for its decision to permit the law to take effect.
