Texas Immigration Law Paused by U.S. Supreme Court

The U.S. Supreme Court intervened in the legal battle over a new Texas immigration law that would allow state law enforcement officers to arrest migrants who illegally enter the state. The U.S. Court of Appeals for the 5th Circuit issued a temporary stay of a previous order blocking the implementation of a newly enacted Texas law. The latest SCOTUS ruling will temporarily halt the law’s implementation until March 13.

The controversial law allows for the prosecution of migrants illegally entering the state of Texas and provides a mechanism to remove the migrants from the country during the sentencing phase. A temporary order, issued on Saturday by the federal appellate court, would have allowed the law to be enforced after a seven-day period had the U.S. Supreme Court decided not to intercede.

Supreme Court Justice Samuel Alito issued the latest order temporarily blocking the implementation of Texas SB4 within hours of the Justice Department’s request for the court to intervene.

The recent federal court wrangling on the implementation of Texas’ new immigration law has seen the law blocked, reinstated, and ultimately paused by the Supreme Court. Last week, Austin’s Senior U.S. District Judge David Ezra halted the implementation of Senate Bill 4, which was to take effect on March 5, citing the federal government’s supremacy over the enforcement of immigration laws.

In his decision, Ezra stated, “For the past century, Texas has relied on its expansive police powers afforded to it under the Constitution to regulate crime within its borders. Texas may continue to do so, but it cannot regulate the federal field of unlawful entry and removal.”

Texas filed an appeal of Ezra’s ruling on the matter leading up to a Saturday federal appeals court ruling that granted a seven-day hold barring enforcement of the law allowing the Biden Administration to elevate the matter to the United States Supreme Court. Under the appeals court ruling overturning Ezra’s initial order, the law would have gone into effect on March 9 had the Supreme Court not stepped in.

Texas SB4 mirrors a current federal statute under Title 8 of the United States Code 1325, which makes illegal entry into the United States a misdemeanor offense for a first-time offender and a felony for a second offense. Under the Biden administration, the federal statute is not pursued to any significant degree.

Under the new law, migrants may agree to return to their home country as part of their sentencing agreement. A similar process in federal courts is known as Stipulated Removal, where a migrant may waive their right to a separate administrative immigration hearing agreeing to removal from the United States as part of the sentencing process.

The law may face an uphill battle when reviewed by the Supreme Court. In 2010, a similar immigration law signed by then-Arizona Governor Jan Brewer would have made illegal presence by a migrant and unlawful employment by a migrant in the state a misdemeanor crime. Supreme Court Justice Kennedy ruled in the majority opinion blocking that law, stating that several provisions of SB 1070 infringed upon the supremacy of the federal government to regulate and enforce immigration laws.

Randy Clark is a 32-year veteran of the United States Border Patrol.  Prior to his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on Twitter @RandyClarkBBTX.