Eagle Pass, Texas – The Biden administration is seeking to halt the enforcement of a Texas immigration law, known as SB4, that would grant state law enforcement officials the authority to detain migrants suspected of entering the U.S. without authorization.
SB4, one of the most sweeping state immigration laws in modern U.S. history, would enable Texas law enforcement to stop, arrest, and prosecute migrants on state criminal charges related to illegal entry or reentry. Additionally, it would allow state judges to issue de facto deportation orders against individuals suspected of violating the law.
Last week, U.S. District Court Judge David Ezra granted a temporary block on SB4 at the request of the Justice Department and the American Civil Liberties Union. He argued that immigration arrests and deportations fall under federal jurisdiction and rejected Texas’ assertion that the state is facing an “invasion” by migrants.
Following Texas’ appeal, the 5th Circuit Court of Appeals suspended Judge Ezra’s order on administrative grounds over the weekend. Justice Samuel Alito, responding to the Justice Department’s plea, temporarily halted the 5th Circuit’s decision and gave Texas until next Monday to present its case to the Supreme Court. If the Supreme Court rules in favor of Texas, SB4 could take effect on March 13.
Texas Governor Greg Abbott, who signed SB4 into law, contends that the legislation is necessary to reduce migrant crossings and criticizes the Biden administration for not doing enough to deter illegal immigration. The Biden administration, however, believes SB4 undermines federal immigration enforcement, disregards U.S. asylum laws, and strains foreign relations, particularly with Mexico, which has condemned the law as anti-immigrant.
The legal battle over SB4 is part of a broader conflict between Texas and President Biden on immigration policy. Tensions have escalated over various issues, including the deployment of razor wire and buoys along the Rio Grande and Texas National Guard soldiers blocking Border Patrol agents from processing migrants in public spaces.
Under Abbott’s directive, Texas has transported thousands of migrants from the U.S.-Mexico border to major Democratic-led cities across the country. This strategy has drawn criticism and raised concerns about the treatment of migrants and the intersection of state and federal immigration policies.