A federal appeals court has extended the hold on a new Texas immigration law, known as Senate Bill 4, preventing it from going into effect while litigation continues. The three-judge panel of the 5th U.S. Circuit Court of Appeals voted 2-1 to keep the statute blocked, citing the Supreme Court’s history of holding immigration control as a federal power. The new law would allow police to arrest migrants suspected of crossing the border illegally and impose criminal penalties, as well as authorize state judges to order deportations to Mexico. The dispute highlights the ongoing clash between the Biden administration and Texas over immigration enforcement at the U.S.-Mexico border.
The decision from the appeals court comes after a federal judge initially blocked the law following a lawsuit from the Biden administration. However, the appeals court said in a brief order that the law could go into effect on March 10 if the Supreme Court did not intervene. The Supreme Court eventually allowed the measure to go into effect on March 19, but the appeals court stepped in to implement a new hold while considering Texas’ appeal of the district court injunction. The Supreme Court’s order had caused confusion and alarm among immigrant rights activists, but the appeals court’s latest decision provides clarity on the law’s status pending further legal proceedings.
In the majority opinion, Judge Priscilla Richman emphasized the federal government’s exclusive authority over immigration, citing a previous Supreme Court ruling that invalidated a similar law in Arizona. Richman argued that it is the president’s role to decide how to address noncitizens illegally present in the U.S., not individual states. Judge Andrew Oldham, the sole dissenting vote, argued that the law should not be completely blocked due to concerns about how it may be enforced, and criticized the federal government for ineffective immigration control measures. The lineup of judges, which included two Republican appointees and one appointed by President Biden, had issued the temporary block of the law earlier as well.
The ongoing legal battle over the Texas immigration law reflects broader tensions between states and the federal government on immigration policy. Texas may choose to appeal to the Supreme Court to allow the law to go into effect, while the appeals court has scheduled another hearing on April 3 to further consider the case. The law’s potential impact on migrant communities, law enforcement, and state-federal relations remains a central point of contention. While the Biden administration and Texas continue to clash over immigration enforcement, the legal process will ultimately determine the fate of Senate Bill 4 and its implications for border security and immigration policy moving forward.
