Governor Greg Abbott responded to the U.S. Supreme Court’s decision to allow a Texas immigration law to go into effect with a measured tone. He acknowledged that the fight is not yet over.
“In a significant ruling, the Supreme Court of the United States (SCOTUS) has given the green light to Texas to implement SB4, a law that enables the arrest of undocumented immigrants. While the case still awaits hearings in the 5th circuit federal court of appeals, Texas Governor Abbott expressed his optimism, stating that this decision is a clear step forward.”
The Context
This Article Includes
Just five minutes after Senate Bill (SB) 4 went into effect in Texas on Monday, Supreme Court Justice Samuel Alito extended his administrative stay on the controversial legislation “pending further order” from the Court.
Abbott-backed SB 4 was given the green light during a special Texas legislative session in November. This legislation empowers local and state law enforcement to apprehend, detain, and expel individuals who are believed to have unlawfully entered the state from foreign nations.
The Biden administration has contended that SB4 is unconstitutional, asserting that federal jurisdiction encompasses immigration enforcement.
What We Know
On Tuesday, the Supreme Court granted permission for Texas to implement SB4, allowing law enforcement to press charges against individuals suspected of illegally entering the state. SB4 deems illegal border crossing as a Class B misdemeanor, carrying a potential sentence of up to six months in jail for first-time offenders.
SB 4 had been set to take effect on March 5, but right before its implementation, the U.S. District Court for the Western District of Texas granted a motion for a preliminary injunction to block it.
Abbott wasted no time in announcing his intention to challenge the ruling, stating unequivocally that he would not back down in his efforts to safeguard both Texas and the entire nation from the relentless border crisis perpetuated by President Joe Biden.
Governor Abbott, in his response to the ruling on Tuesday, highlighted the fact that the hearings for this case in the 5th U.S. Circuit Court of Appeals are still pending.
Amidst the current political tensions surrounding border policy in the U.S., the ruling has been made. This decision comes at a crucial time, as immigration remains a key issue during an election year. The influx of individuals arriving at the U.S.-Mexico border has reached record-high numbers, resulting in an increase of migrants in cities across the country. As a result, Democratic mayors have been exerting pressure on Biden to take action and address this pressing matter.
Views
Texas Attorney General Ken Paxton announced a significant victory on X, declaring, “We have successfully defeated the emergency motions brought by the Biden Administration and the ACLU at the Supreme Court. This means that our immigration law, SB 4, is now in effect. It is always an honor for me to defend Texas and its sovereignty and to lead us to victory in the courtroom.”
According to the ACLU, the implementation of this law would result in an increased risk of racial profiling and over-policing for people of color traveling through the state.
What’s Next?
The legal battle against SB4 is not yet concluded, as the case is still under review in the 5th U.S. Circuit Court of Appeals.
Texas has the authority to enforce the law at present, but its implementation could be legally impeded depending on the outcome of a ruling in a neighboring state.
In April, the U.S. Court of Appeals for the 5th Circuit, based in New Orleans, will be hearing arguments about the law.