The Supreme Court has granted Texas officials the authority to detain and prosecute migrants suspected of crossing the U.S. southern border without authorization, allowing the enforcement of the state’s controversial immigration law known as SB4. This decision comes despite objections from the Biden administration, which has labeled the law as unconstitutional.
The court’s decision denies a request from the Justice Department and permits Texas to implement SB4 while the U.S. Court of Appeals for the 5th Circuit evaluates its legality. SB4, passed by the Texas legislature, criminalizes unauthorized migration at the state level, turning the act of entering the U.S. outside of a port of entry into a state crime. Additionally, it establishes a state felony charge for illegal reentry.
The law had been temporarily blocked by a federal judge following a request from the Biden administration, citing conflicts with federal immigration laws. However, the 5th Circuit lifted this block, leading to the Supreme Court’s decision to allow SB4 to take effect.
Justice Amy Coney Barrett, in a concurring opinion, highlighted the court’s reluctance to interfere with the decisions of lower courts regarding administrative stays. Meanwhile, the dissenting liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, expressed concerns about the disruption and potential harm caused by SB4.
SB4 grants Texas law enforcement the authority to arrest and prosecute migrants for illegal entry and reentry charges, effectively creating a state deportation system. The law has faced criticism from the Justice Department, immigration advocacy groups, and the Mexican government, which has condemned it as anti-immigrant.
In response to the Supreme Court’s decision, the Mexican Ministry of Foreign Affairs expressed condemnation and reiterated Mexico’s commitment to protecting the rights of its nationals in the United States. The Biden administration and Department of Homeland Security have also criticized the ruling, warning of potential chaos and emphasizing that immigration enforcement is within the exclusive purview of the federal government.
Despite these objections, Texas Governor Greg Abbott hailed the court’s decision as a positive development. The legal battle over SB4 is expected to continue as its constitutionality remains under scrutiny.
