Supreme Court Justice Samuel Alito extended an order on Monday, further preventing Texas officials from detaining and incarcerating migrants suspected of crossing the U.S. southern border without authorization under the state’s new immigration law, SB4, which the Biden administration has deemed unconstitutional.
Alito’s order came after a self-imposed deadline passed, maintaining the suspension of enforcement of the contentious Texas law, a centerpiece of Gov. Greg Abbott’s immigration agenda, on an administrative basis.
The U.S. Court of Appeals for the 5th Circuit is currently reviewing the legality of the law, and the Justice Department has requested the Supreme Court to temporarily halt its implementation while the legal challenge proceeds. However, the full court has yet to act on this request.
SB4, passed by the Texas legislature last year, criminalizes unauthorized migration at the state level, transforming the act of entering the U.S. outside of an official port of entry — already a federal offense — into a state crime. It also establishes a felony charge for illegal reentry at the state level.
Following a request from the Biden administration, a federal judge issued a preliminary injunction against SB4 last month, ruling that the state law contradicts federal immigration statutes. However, this ruling was temporarily halted by the 5th Circuit until Alito intervened with an administrative stay, maintaining the status quo while the court considers the Justice Department’s plea for emergency relief.
SB4 grants authority to Texas law enforcement officials at both state and local levels to apprehend, incarcerate, and prosecute migrants for illegal entry and reentry offenses. Additionally, it permits Texas judges to order migrants to return to Mexico as an alternative to facing prosecution, effectively establishing a de facto state deportation system.
The Justice Department contends that SB4 is in conflict with federal law and the Constitution, emphasizing that immigration enforcement, including arrests and deportations, falls within the purview of the federal government. Furthermore, it asserts that the law damages relations with Mexico, which has condemned SB4 as “anti-immigrant” and pledged to reject migrants returned by Texas.
Gov. Abbott, a prominent critic of President Biden’s border policies, has framed SB4 as essential to dissuading migrants from crossing the Rio Grande, arguing that the federal government’s efforts to deter illegal immigration are insufficient.
In recent years, Texas has spearheaded vigorous challenges to federal immigration authority, transporting tens of thousands of migrants to major Democratic-led cities, fortifying border areas with razor wire and buoys to impede migrant crossings, and initiating numerous legal battles against federal immigration initiatives.
