In a significant legal development, a federal judge granted a preliminary injunction on Thursday, temporarily halting the implementation of one of the strictest immigration bills in the country, set to go into effect in Texas on March 5.
The law, known as SB 4, would have empowered local and state law enforcement to arrest migrants suspected of crossing into the state illegally. Additionally, it would have granted judges the authority to order migrants to be transported to a port of entry and returned to Mexico, irrespective of their country of origin.
Texas swiftly appealed the decision, with Attorney General Ken Paxton criticizing the Biden administration for what he termed “deliberate policy choices” leading to an influx of illegal immigrants into the state.
“We have appealed this incorrect decision,” Paxton stated, emphasizing Texas’ right to defend itself from various threats associated with illegal border crossings.
Echoing Paxton’s sentiments, Republican Governor Greg Abbott also lambasted the Biden administration for its handling of immigration issues, stressing the need to enforce existing federal laws aimed at deterring illegal immigration.
“We will not back down in our fight to protect our state — and our nation — from President Biden’s border crisis,” Governor Abbott asserted, highlighting the constitutional duty of the President to enforce federal laws.
The legal battle over SB 4 has political implications, with both President Biden and former President Donald Trump scheduled to visit the southern border on the same day.
In his opinion, U.S. District Judge David Alan Ezra expressed concerns about the potential harm SB 4 could inflict, particularly emphasizing the irreparable harm to be suffered by the plaintiffs if the law were to take effect.
The lawsuit challenging SB 4 was filed in December 2023 by the American Civil Liberties Union of Texas and the Texas Civil Rights Project on behalf of several organizations, including El Paso County and immigrant advocacy groups. Ezra, appointed by President Ronald Reagan, questioned the constitutionality of SB 4, citing the Supremacy Clause and previous Supreme Court rulings.
“If allowed to proceed, SB 4 could open the door to each state passing its own version of immigration laws,” Ezra wrote, cautioning against the fragmentation of immigration regulations across states.
The ACLU of Texas celebrated the ruling on social media, hailing it as a victory for Texas values, human rights, and the Constitution. Marisa Limón Garza, executive director of Las Americas Immigrant Advocacy Center, emphasized the ongoing battle to prevent SB 4 from being enacted permanently, underscoring the significance of Thursday’s ruling in safeguarding the rights of Texans, particularly communities of color.