A United States Supreme Court judge has temporarily halted a bill in Texas that would grant authorities expansive powers to detain and remove migrants and refugees who enter the country without proper documentation.
Justice Samuel Alito issued an order on Monday, delaying the implementation of the legislation until at least next week when the court will further examine the matter.
Critics have denounced the proposed measures, which would empower state officials to arrest, prosecute, and deport individuals who cross the border irregularly from Mexico, as one of the most significant attempts by a state to regulate immigration since a similar law in Arizona over a decade ago.
Referred to as Senate Bill 4, the law was scheduled to take effect on Saturday following a decision by the conservative-leaning 5th US Circuit Court of Appeals. Alito’s order postpones this to March 13, following a request for intervention from the Department of Justice, issued just hours earlier.
“Make no mistake: S.B. 4 bypasses federal immigration authority and threatens the integrity of our nation’s constitution and laws,” declared a coalition of groups, including the American Civil Liberties Union, who challenged the bill.
Republican Texas Governor Greg Abbott signed the law in December as part of a series of measures aimed at addressing border security concerns, leading to legal and constitutional debates over the extent of state authority in immigration enforcement.
Under the legislation, state officers would be authorized to arrest individuals suspected of illegal entry, with those detained facing the option to comply with a Texas judge’s order for deportation or risk misdemeanor charges. Failure to leave the country upon court order could result in more serious felony charges.
The Justice Department warned the Supreme Court that the law would significantly disrupt the longstanding balance between federal and state immigration enforcement and could strain relations with Mexico, creating confusion in enforcing federal immigration laws.
Citing a 2012 Supreme Court ruling on a similar Arizona law, the Justice Department argued that state intervention in immigration matters was unwarranted, especially amid ongoing federal deliberations on immigration reform.
Responding to the federal government’s concerns, the Texas Attorney General’s Office defended the bill, asserting that it aligns with federal law and was designed to address the “ongoing crisis at the southern border, which hurts Texans more than anyone else.”
The legal battle over the Texas immigration law reflects broader disputes between Texas officials and the Biden administration over border security and immigration policy, with several Republican governors supporting Abbott’s stance, accusing the federal government of failing to enforce immigration laws effectively.