With a divided Supreme Court, Texas received the green light on Tuesday to start implementing a law that ensures police have extensive authority to apprehend migrants believed to be illegally crossing the border. This enforcement is set to begin while a legal dispute over the proposal is underway.
The conservative majority has contested Texas's legislation to take action against unauthorized migration at the border. They rejected an emergency request from the Biden administration, arguing that the law is a blatant infringement of federal powers, leading to potential chaos in immigration legislature.
Applauding Supreme Court's Decision
Greg Abbott, Governor of Texas, lauded the order and the law, which empowers any Texan police officer to arrest migrants suspected of illegal entry. It also permits judges to mandate their exit from the U.S.
Yet, the Supreme Court did not comment on the law's constitutionality. The proposal will now return to an appellate court and might reach the Supreme Court again. Texas's potential timeframe for arresting migrants under this law remains uncertain.
Where Will Migrants Go?
Responding to the law, Mexico's government stated it would not "under any circumstances" accept the return of other migrants from Texas. Only Mexican deportees would be permitted. They condemned the Texas law, arguing that it criminalizes migrants, leading to family separations, discrimination, and racial profiling. Mexico will present its stance to the next appellate court to review the law.
Liberal justices on the Supreme Court, including Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor, expressed their dissent. Sotomayor, joined by Jackson, criticized the decision, worrying it would disrupt the federal-state balance of power and sow chaos.
Comparisons and Criticisms
Senate Bill 4, as the law is known, is seen by opponents as the starkest state attempt to regulate immigration since an Arizona law a decade ago. Critics argue that the Texas law could lead to civil rights violations and racial profiling.
White House's Press Secretary Karine Jean-Pierre denounced the law as "harmful and unconstitutional," asserting it would burden law enforcement and sow confusion. She called upon Republicans in Congress to resolve the issue with a federal border security bill.
Andrea Flores, the vice president for Immigration Policy and Campaigns at advocacy group FWD.us, warned that the Supreme Court's decision may push other states to pass laws infringing on federal authority. She added that the law could "unjustly target Texas families," which include American citizens, longtime undocumented residents awaiting federal relief, and recent migrants seeking legal protections.
What's Next?
Despite the difficulties ahead, Texas is arguing for its right to act in the face of the continuing crisis at the country's southern border. The Department of Criminal Justice in Texas stated that it is "prepared to handle any influx in population" related to the state law.
The enforcement of Senate Bill 4 has been in preparation at Texas sheriff's offices since last year's state legislative session. Skylor Hearn, the executive director of the Sheriffs' Association of Texas, said the law permits police in counties bordering Mexico to make arrests if they witness someone crossing illegally. If someone is arrested under suspicion of a different violation and is linked to a suspected re-entry violation, the law could be enforced elsewhere in Texas.
Supreme Court justices Amy Coney Barrett and Brett Kavanaugh said that their votes in favor of Texas were due to the complexities of the appeals process rather than agreement with the state on the law's substance. The 5th United States Circuit Court of Appeals will consider a stay pending appeal on Wednesday and hear additional arguments on the law on April 3.
This legal dispute about the Texas immigration law is one of several conflicts between Texas officials and the Biden administration over how far the state can supervise the Texas-Mexico border and prevent illegal border crossings. Several Republican governors have supported Gov. Abbott's efforts, claiming the federal government is not doing enough to enforce existing immigration laws.
In 2012, the Supreme Court struck down critical parts of an Arizona law that would have allowed police to arrest people for federal immigration violations. The divided high court found then that the impasse in Washington over immigration reform did not justify state intrusion.
