A Republican-backed Texas law that aimed to empower state law enforcement authorities to arrest individuals suspected of illegally crossing the US-Mexico border faced another setback as an appeals court blocked its enforcement. This decision came just hours after the US Supreme Court had previously allowed the law to go into effect.
The New Orleans-based 5th US Circuit Court of Appeals issued a ruling late on Tuesday that halted the enforcement of the law, known as SB 4, pending oral arguments scheduled for Wednesday. This legal back-and-forth has created uncertainty surrounding the future of the controversial measure championed by Texas Governor Greg Abbott.
The law, signed by Abbott in December, granted state law enforcement the authority to arrest individuals suspected of illegal entry into the US, a power traditionally held by federal authorities. Abbott justified the law by citing President Joe Biden's perceived failure to enforce federal immigration laws.
However, the Biden administration opposed the law, arguing that it interfered with the federal government's authority to regulate immigration and violated constitutional principles. The Justice Department sued to block the measure in January, leading to a series of legal battles.
The Texas law made illegal entry or re-entry into Texas a state crime, with penalties ranging from 180 days in jail to 20 years in prison. It also required Texas magistrate judges to order migrants to return to Mexico, with severe penalties for non-compliance.
Despite the legal challenges and opposition from the Biden administration, the Supreme Court had initially ruled 6-3 along ideological lines to allow the law to take effect. However, the 5th Circuit's latest decision halted its enforcement pending further legal proceedings.
The appeals court's decision to block the law was supported by Chief US Circuit Judge Priscilla Richman, appointed by Republican former President George W. Bush, and US Circuit Judge Irma Carrillo Ramirez, a Biden appointee. However, US Circuit Judge Andrew Oldham, a conservative appointee of former President Donald Trump, dissented.
