The U.S. Supreme Court on Tuesday declined to halt a Texas law permitting state law enforcement to arrest individuals suspected of illegally crossing the U.S.-Mexico border, rejecting a plea from President Joe Biden’s administration.
The administration had urged the justices to block a judicial order allowing the Texas law, known as SB 4, to take effect while the U.S. government’s legal challenge to the statute progresses in lower courts. The administration contends that the law violates the U.S. Constitution and federal law by impeding the federal government’s authority to regulate immigration.
Texas Governor Greg Abbott signed the law last December, granting state law enforcement the authority to arrest individuals suspected of entering the United States illegally, effectively extending powers traditionally held by the federal government.
Abbott justified the law by citing Biden’s perceived failure to enforce federal laws criminalizing illegal entry or re-entry. He stated during a Dec. 18 press conference that “Biden’s deliberate inaction has left Texas to fend for itself.”
Criticism of Biden’s handling of record numbers of migrants illegally crossing the U.S.-Mexico border has been vocal among Republicans. Abbott and other GOP figures argue that Biden should have maintained the restrictive policies of former President Donald Trump, the GOP candidate challenging Biden in the upcoming Nov. 5 election.
Under the Texas law, illegal entry or re-entry into Texas constitutes a state crime, carrying penalties ranging from 180 days in jail to 20 years in prison. Magistrate judges in Texas are mandated to order migrants to return to Mexico, with potential sentences of up to 20 years for non-compliance.
In January, the Justice Department sued to block the measure, originally scheduled to take effect on March 5. The Biden administration’s legal team contended that the law contravenes federal law and constitutional provisions granting the U.S. government authority to regulate commerce with foreign nations and among states, citing a 2012 Supreme Court precedent.
U.S. District Judge David Ezra, based in Texas, sided with the administration on Feb. 29, preliminarily blocking Texas officials from enforcing the law. He asserted that the law “threatens the fundamental notion that the United States must regulate immigration with one voice.”
However, the New Orleans-based 5th U.S. Circuit Court of Appeals stayed Ezra’s ruling in an order that would have allowed the Texas law to take effect on March 10, prompting the administration to file an emergency appeal to the Supreme Court.
On March 4, Justice Samuel Alito, tasked with certain emergency matters involving cases from a group of states including Texas, halted the 5th Circuit ruling, thereby preventing the law from taking effect and affording the Supreme Court additional time for consideration.
Texas has implemented various measures to deter illegal border crossings under Operation Lone Star, including deploying National Guard troops, using concertina wire to block migrants, and installing a floating barrier across a segment of the Rio Grande.
In February, Republicans derailed a bipartisan Senate agreement aimed at enhancing border security and tightening immigration laws after Trump pressured members of his party to oppose it. Biden attributed the bill’s failure to GOP lawmakers who succumbed to political pressure from Trump, whom he accused of viewing it as unfavorable politically.
Exit polls conducted by Edison Research following early March primary voting revealed widespread concern among voters regarding the border situation, with many citing it as their top voting issue. Reuters/Ipsos polling as of Feb. 28 indicated a public approval rating for Biden at 37%.
