The United States Fifth Circuit Court of Appeals late Tuesday suspended the entry into force of the controversial Texas immigration law that allows the detention and expulsion of migrants suspected of irregularly crossing the border from Mexico, after the Supreme Court will lift its restriction on it. The decision of the highest court in the United States, with a conservative majority, was a clear challenge to what has been federal power for more than a century.
The federal court presided over by Justice Samuel Alito blocked the legislation, known as SB4, shortly after the Supreme Court let it get underway until this same court ruled, which only required several hours.
Thus culminates, for the moment, a series of comings and goings between the Supreme Court and this federal court based in New Orleans. After extending the suspension of the law, the Supreme Court decided on Tuesday to lift it and leave the decision on its entry into force in the hands of the Fifth Circuit. That court has announced that this Wednesday it will hear arguments on the law, so the future of this criticized legislation remains up in the air.
For now, the government of Joe Biden (and the immigrant defense organizations) now wins, defending before the highest court that this legislation represents a clear violation of federal authority and that it can cause serious problems in international relations. The Government of Mexico has also harshly criticized the measure. Instead, the governor of Texas, Greg Abbott, one of the most radical far-right, loses. The case only emphasizes how immigration has become the main political issue ahead of next November’s presidential elections.
This law, called SB4, allows Texas police forces to detain immigrants for having entered the country illegally, considering it a misdemeanor. Then a state judge can impose sanctions and even order expulsion to another territory or deportation. The offense becomes a serious crime, punishable by up to 20 years in prison, if the offender is a repeat offender. Abbott, the promoter of this regulation, stressed that it is the only way to defend against the crisis on the border with Mexico, in what he calls “an invasion.”
The initiative also allows the state Justice to order the expulsion of people without legal process. Additionally, police officers will be able to arrest any individual they suspect of having entered the country illegally, and will have the discretion to expel them to Mexico instead of arresting them.
Initially, the measure promoted by the governor of Texas, Republican Greg Abbott, was to come into effect on March 5, but a federal judge sided with the plaintiffs and prohibited it. The Texas prosecutor, Ken Paxton, took the fight to the Fifth Circuit of Appeals where he obtained support, so the plaintiffs went to the Supreme Court to prevent the law from coming into effect.
