Appeals court blocks Texas migrant law just hours after Supreme Court gave green light
An appeals court blocked the Texas immigration law allowing for the arrest of illegal border crossers just hours after the Supreme Court had allowed it to take effect.
Local reports said there were no reports of arrests being made under the law in the few-hour window it was in effect.
The Supreme Court lifted a hold blocking the law Tuesday, arguing it needed to be ruled on by the lower 5th Circuit Court of Appeals first.
Late Tuesday, a federal appeals panel again blocked the measure, named Senate Bill 4, from being in effect, without explanation. The court will hear further arguments Wednesday.
The Biden administration has vigorously opposed Texas Gov. Greg Abbott’s attempt to bolster his state’s ability to stanch spiraling illegal immigration.
The White House has argued that the power to arrest and deport undocumented migrants rests solely with the federal government.
Abbott has countered that Biden’s “deliberate” inaction on the migrant influx into Texas border towns has forced his hand.
Abbott lauded the short-lived victory Tuesday, but anticipated potential complications from the appeals court prior to its late-hour ruling.
“We still have to have hearings in the 5th circuit federal court of appeals. But this is clearly a positive development,” he had posted on X.
The law would render illegal entry a state crime, thus empowering law enforcement officers to arrest illegal migrants and permit judges to order their deportation.
As the dueling rulings unfurled this week, SB 4 was technically activated for several minutes on Monday, and for less than 10 hours on Tuesday.
Mexican officials have vocally opposed the law, and it’s not clear if they would accept deported migrants into the country.
Customs and Border Protection recorded a record number of encounters at the border in December 2023, with more than 300,000 migrants attempting to cross into the US.
Fiscal year 2023 also saw a record number of arrivals with 2.4 million people encountered at the southern border.
Migrant holding facilities often operate at well over capacity and immigration courts are grappling with a backlog of more than 3 million cases.
Abbott has pursued other means of slowing the migrant surge, including placing fencing around a park on the banks of the Rio Grande that had served as a congregating point for undocumented border crossers.
