The U.S. Supreme Court handed Texas officials a setback on Monday when they issued a stay in a law designed to enforce border security.
The temporary stay puts plans to implement Senate Bill 4 (SB4) on hold and provides Texas officials until March 11th to respond to legal arguments brought forward by Biden administration officials.
SB4 would empower local law enforcement to arrest illegal immigrants and deport them back to their country of origin.
The Texas Tribune reported the bill makes “illegally crossing the border a Class B misdemeanor, carrying a punishment of up to six months in jail.”
The law also stipulates that repeat offenders could be sentenced to up to twenty years in prison.
Last month’s 5th U.S. Circuit Court of Appeals ruling on SB4 would have allowed officers to enforce the law as of this Saturday.
NBC reported that Biden administration officials filed an emergency request for the U.S. Supreme Court to block implementation of the law.
Just The News reported the stay order was announced by Associate Justice Samuel Alito. The U.S. Supreme Court’s ruling reverses a previous ruling by the 5th Circuit Court of Appeals, which overturned an order forbidding the implementation of the law by U.S. District Judge David Ezra.
In the initial case, Judge Ezra reasoned that allowing Texas to “permanently supersede federal directives [represented the] nullification of federal law and authority — a notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War.”
The ruling, though temporary, is the latest flareup between Texas and Biden administration officials. Texas Gov. Greg Abbott (R) claims the influx of illegal immigrants into the country is facilitated by Biden administration policies and represents national security and public safety risks.
The parties suing Texas officials for acting to discourage and limit illegal immigration include the U.S. Department of Justice, the American Civil Liberties Union of Texas, the Texas Civil Rights Project, the El Paso-based Las Americas Immigrant Advocacy Center, and the Austin-based American Gateways organization.
Gov. Abbott asserts that President Biden has abrogated his constitutional responsibility to protect the border, obligating him to take drastic measures to ensure that Texas citizens are safe.
During a recent interview on Fox News, Gov. Abbott maintained that President Biden’s “open border policies have made our southern border the deadliest in the world.”
Joe Biden’s open border policies have made our southern border the deadliest in the world.
Texas stepped up to defend our state against this invasion.
We continue to send a clear message with our historic efforts to the cartels and the entire world:
Don’t Mess With Texas. pic.twitter.com/FKwrdHBMrc
— Greg Abbott (@GregAbbott_TX) March 3, 2024