SCOTUS Temporarily Blocks Texas Immigration Law

AP Photo/J. Scott Applewhite, File

The Supreme Court temporarily blocked the new Texas immigration law. It's the same law that the 5th Circuit of Appeals ruled on Saturday could go into effect while the legal battle continued. 

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To recap, the new immigration law, Texas SB 4, was ruled unconstitutional by  U.S. District Judge David Ezra last week. He also ruled that previous Supreme Court decisions affirmed the federal government is in control of immigration and border security. Texas appealed to the 5th Circuit Court of Appeals based in New Orleans. On Saturday the 5th Circuit immediately paused the district court's ruling. That pause was to be in effect for seven days. That would allow time for an appeal to be made to the Supreme Court. However, the 5th Circuit wrote that the law may go into effect while the legal challenges go forward. On Monday the Biden administration asked the Supreme Court to stay the 5th Circuit's ruling. It did. So, the latest development in this ping pong game is that a temporary stay was issued by the Supreme Court on Monday. It is in effect until March 13 while the Court considers whether or not it will allow Texas to enforce SB 4. 

It's enough to make a person dizzy. The law won't go into effect until next Wednesday, if at all. SCOTUS may rule against Texas. Texas has until Monday, March 11 to respond to the Biden DOJ. 

At the time of Judge Ezra's ruling, he said that Senate Bill 4 “threatens the fundamental notion that the United States must regulate immigration with one voice.” As I wrote yesterday, that would be a reasonable opinion but we do not live in reasonable times. This is Biden's America. On his first day in office, he took out his pen and signed executive orders that stopped the policies and agreements from the previous administration that secured the border as well as had been done in years. Thus began the Biden border crisis. 

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The question remains - what is Texas to do? Is Governor Abbott expected to just stay in Austin and accept the state's open border with Mexico as though everything is fine? Governor Abbott began Operation Lone Star in March 2021 when it became obvious that Biden's open border was intentional and he had no inclination to assist Texas or any other border state. Texas taxpayers have forked over billions of dollars to secure the Texas border as best as a state can do. 

The new law makes illegally crossing the border a Class B misdemeanor. Punishment can be up to six months in jail. Repeat offenders face a second-degree felony and a punishment of two to 20 years in prison. SB 4 also requires state judges to return illegals to Mexico if they are convicted. Local law enforcement will be responsible for transporting the illegal aliens to the border. However, a judge can drop the charges if an illegal agrees to return to Mexico voluntarily. 

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He's not wrong. In the meantime, Texans are still on the rollercoaster. 




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