Late Tuesday night, a federal appeals court reinstated a hold on Texas’ controversial immigration law, shortly after the Supreme Court had granted permission for the state to enforce the measure.
In a concise ruling, a three-judge panel at the 5th US Circuit Court of Appeals voted 2-1 to overturn a previous decision from a different panel, which had temporarily allowed the implementation of the law. This law, known as Senate Bill 4 (SB 4), would enable state officials to arrest and detain individuals suspected of entering the country illegally.
The panel that issued Tuesday night’s order is scheduled to hear arguments on Wednesday morning regarding Texas’ appeal to reinstate SB 4 while the state challenges a federal judge’s block on the law.
One member of the panel, Circuit Judge Andrew Oldham, dissented publicly, expressing his preference to maintain the stay on the law pending further oral arguments.
Regardless of the 5th Circuit’s decision following Wednesday’s arguments, the court will continue to hear arguments next month on the law’s constitutionality and whether it should be permanently blocked.
The legal maneuvering surrounding SB 4 had reached the Supreme Court, which earlier in the day allowed the law to take effect by rejecting emergency appeals from the Biden administration and others. This decision marked a significant albeit temporary victory for Texas amid its ongoing immigration policy dispute with the Biden administration.
Following the Supreme Court’s decision, the appeals court swiftly scheduled oral arguments to determine whether to halt the law while considering the legal challenges against it. These arguments are set for Wednesday at 11 a.m. ET.
SB 4, enacted by Republican Gov. Greg Abbott in December, criminalizes illegal entry into Texas and empowers state judges to order immigrant deportations, despite immigration enforcement traditionally being a federal responsibility.
The law has raised concerns among immigration advocates regarding potential racial profiling and increased detentions and deportations by state authorities in a state where Latinos comprise 40% of the population.
Last month, a federal judge in Austin blocked the implementation of SB 4, arguing that it could prompt other states to enact their own immigration laws, thus disrupting the federal-state balance of power.
Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, dissented from the Supreme Court’s decision, expressing concerns over the law’s implications for federal-state authority in immigration enforcement.
The case may ultimately return to the Supreme Court for further review.