Greg Abbott Suffers Texas Border Blow Hours After Supreme Court Victory

A federal appeals court late on Tuesday blocked Texas from arresting migrants suspected of entering the U.S. illegally.

The move came hours after a divided Supreme Court had allowed the strict new immigration law to take effect. The high court's conservative majority had rejected an emergency application from the Biden administration, which argued that the law is unconstitutional and a clear violation of federal authority.

Republican Texas Gov. Greg Abbott approved Senate Bill 4 in late 2023, among several aggressive efforts to secure the Texas-Mexico border and prevent illegal border crossings.

The law gives police sweeping powers to arrest migrants who illegally cross the U.S. border and gives local judges the authority to order them to leave the country. SB 4 makes it a Class B misdemeanor to cross the border illegally and is punishable by up to six months in jail for a first-time offender.

The Biden administration sued to strike down the law, which was originally due to go into effect on March 5, in January.

A federal judge in Texas struck down the law in late February, but the 5th Circuit Court of Appeals then stayed that ruling, leading the federal government to appeal to the Supreme Court.

The high court on Tuesday did not address whether the law is constitutional and the measure was sent to the 5th U.S. Circuit Court of Appeals. A panel of the court, in a 2-1 order, put the law back on hold as it considers the appeal.

It comes amid heightened tensions between Texas and the Biden administration over policy, in an election year where immigration has emerged as a central issue.

Views

Abbott had welcomed the Supreme Court's ruling allowing the law to take effect, but noted that hearings on the case in the appeals court were still to come.

His office has been contacted for comment via email.

Republican Texas Attorney General Ken Paxton's office has said the state's law "was adopted to address the ongoing crisis at the southern border" and mirrors federal law.

Opponents view the law as the most dramatic attempt by a state to police immigration since a 2010 Arizona law that was largely struck down by the Supreme Court.

In a statement, White House press secretary Karine Jean-Pierre called the law "harmful and unconstitutional."

The law will "only make communities in Texas less safe, it will also burden law enforcement, and sow chaos and confusion at our southern border," she said. She also called on congressional Republicans to help pass a federal border security bill.

Meanwhile, Mexico's government has said it would not accept the return of any migrants from Texas. Mexico is not required to accept deportations of anyone but Mexican citizens.

What's Next?

The 5th U.S. Circuit Court of Appeals will hear arguments about the law on Wednesday.