In a ruling issued this Tuesday, the Supreme Court did a 180 and gave Texas the green light to arrest illegal immigrants.
Three justices from the most liberal wing of the Supreme Court opposed the ruling while the most conservative justices joined together to form a majority.
Judge Amy Coney Barrett along with Judge Brett Kavanaugh warned that the law could be reevaluated if the Fifth Circuit appeals the measure again.
In a 180-degree turn, the Supreme Court gives the green light to a Texas law that allows State Police to arrest... by emmanuel.rondon on Scribd
The law, better known as “SB4,” has sparked a huge legal battle between the Biden administration and the state of Texas, calling into question the authority of the states and the federal government to apply immigration laws. Historically, this has been a federal matter.
The Biden administration had previously urged Supreme Court justices to block the law, passed by the Texas legislature last year, saying it is an “unprecedented intrusion into federal immigration enforcement.”
“There is no ambiguity in SB4,” U.S. Solicitor General Elizabeth Prelogar wrote to the justices. “It is flatly inconsistent with federal law in all its applications, and it is therefore preempted on its face.”
The judges had blocked the law on several occasions, most recently this Monday, in a ruling issued by Judge Samuel Alito, who handles emergency requests that arise from the Fifth Circuit court.
However, Republicans in Texas, who control the legislature and the governorship, claim that the state is under “invasion” due to the uncontrolled influx of illegal immigrants. They also claim that the Biden administration abandoned its duties to protect the border. Therefore, at its discretion, Texas should be able to confront the invasion by arresting illegal migrants or imposing border measures that have historically been up to the federal government.
The legal battle between the Biden administration and Texas now goes to a three-judge panel of the Fifth Circuit, which is hearing Texas' appeal on the merits of the law. The court agreed to accelerate its review and scheduled oral arguments for April 3. The next few weeks will be decisive for the fate of SB4, which is currently in effect thanks to the Supreme Court ruling.
Barrett and Kavanaugh warned that the losing party could then appeal the case back to the Supreme Court again.
“So far as I know, this Court has never reviewed the decision of a court of appeals to enter—or not enter—an administrative stay,” the justices wrote. “I would not get into the business.”
“The time may come, in this case or another, when this Court is forced to conclude that an administrative stay has effectively become a stay pending appeal and review it accordingly. But at this juncture in this case, that conclusion would be premature,” they said.
