A federal appeals court has stopped Texas’ tough immigration law, which is one of the strictest in the country, from being enforced for now.
Just hours after the Supreme Court allowed Texas‘ SB4 immigration law to go ahead temporarily, a federal appeals court froze it. This law would let Texas officials arrest and prosecute unauthorized migrants. Mexico has said it won’t accept migrants deported by Texas under this law. The Biden administration has criticized SB4, saying it goes against the Constitution.
The decision to freeze the law is the latest development in a series of rulings determining its future.
If it were to be reinstated, it would represent a big change in how immigration rules are enforced because courts have previously said only the federal government can enforce the country’s immigration laws, not individual states.
Crossing the US border without permission is already against federal law, but usually, these cases are handled as civil matters by immigration courts.
Under SB4, people caught entering or re-entering Texas illegally could face up to 20 years in prison.
When the law was briefly in effect, Mexico wouldn’t accept any migrants Texas deported under SB4.
The Mexican government said in a statement on Tuesday that they strongly oppose any law giving state or local authorities the power to enforce immigration rules, detain people, and send them back to Mexico.
Mexican officials have criticized SB4 as “anti-immigrant” and cautioned that it could strain relations with the US. The US Department of Justice shares similar concerns.
The Mexican government believes SB4 would lead to unwelcoming environments where migrants face hate speech, discrimination, and racial profiling.
Mexico announced it would support President Joe Biden’s administration in the legal battle to stop SB4 from being enforced.
Earlier on Tuesday, the Supreme Court allowed the law to be enforced temporarily while a lower federal appeals court considered its legality. Three liberal justices disagreed with the conservative majority ruling, which denied an urgent request from the White House.
Then, later on Tuesday night, a three-judge panel at the US Court of Appeals for the Fifth Circuit in New Orleans decided to pause the ruling.
Traditionally, the federal government has been responsible for making immigration laws and agreements with other countries, even though the Constitution doesn’t specifically mention these powers.
SB4 became law in December and was supposed to start on March 5th, but legal challenges delayed its implementation.
Republicans frequently complain about how Democratic President Biden manages the US-Mexico border. Polls show that voters are deeply concerned about this issue before the November presidential election.
According to a Gallup poll in February, almost one-third of Americans think immigration is the biggest problem facing the country, even more than concerns about the government, the economy, and inflation.