The Supreme Court issued an order on Tuesday permitting a Texas law to be enforced, granting state law enforcement the authority to detain individuals suspected of illegally entering the United States from Mexico. The statute in question, known as S.B. 4, faced dissent from the three liberal justices. Although this decision does not represent a final judgment, it paves the way for the controversial law’s implementation, with the possibility of further legal proceedings.
The Biden administration had advocated for blocking the law, labeling it as an unprecedented intrusion into federal immigration enforcement. U.S. Solicitor General Elizabeth Prelogar emphasized the inconsistency of S.B. 4 with federal law, asserting that it is preempted in all its applications. The law, signed by Texas Governor Greg Abbott, criminalizes illegal immigration at the state level, granting authority to local law enforcement for apprehension and potential deportation of individuals suspected of crossing the U.S.-Mexico border unlawfully.
In opposition to the majority’s decision, the liberal justices expressed concern regarding the potential ramifications of enforcing the law. Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, criticized the move, citing potential chaos in immigration enforcement. Additionally, Justice Elena Kagan voiced her dissent separately.
Texas defended the law by asserting the state’s constitutional right to self-defense, arguing that the Biden administration had failed to adequately address border security concerns. The state contended that the issues raised should not be within the purview of federal courts, especially considering that state courts have yet to interpret S.B. 4’s provisions.
The White House denounced the Supreme Court’s decision, condemning the law as harmful and unconstitutional. White House press secretary Karine Jean-Pierre highlighted concerns regarding its impact on community safety, law enforcement, and the potential for confusion at the southern border. Jean-Pierre urged congressional Republicans to support a bipartisan Senate border security bill, which has faced opposition from former President Trump and numerous GOP lawmakers.
The ruling elicited alarm from immigration advocates and members of the Congressional Hispanic Caucus, who warned of increased racial profiling and civil rights violations. Representative Joaquin Castro criticized the court’s decision, expressing concerns about potential targeting of individuals perceived as immigrants by law enforcement. Immigration groups echoed these concerns, emphasizing the risks to both undocumented immigrants and U.S. citizens.
The legal battle over S.B. 4 now shifts back to the 5th U.S. Circuit Court of Appeals, where Texas’s appeal on the law’s merits is being heard. The court has expedited its review, scheduling oral arguments for April 3, with the possibility of further appeal to the Supreme Court. Texas has been at the forefront of aggressive immigration enforcement measures, challenging Biden administration policies and implementing its own initiatives under Governor Abbott’s Operation Lone Star.
In previous clashes with the federal government, Texas has faced legal challenges over measures such as installing buoys in the Rio Grande and concertina wire along the border. Despite initial victories, such as the Supreme Court’s decision to allow the cutting of concertina wire, legal battles persist as Texas continues its efforts to exert control over immigration enforcement within its borders.
