In Texas, a controversial legislation known as SB4 has been at the center of legal battles, allowing the police to arrest and prosecute individuals they suspect of entering the country illegally. However, critics argue that the law infringes upon federal authority. The law briefly went into effect on Tuesday before being blocked again amidst legal challenges.
A panel of three judges from the New Orleans-based fifth circuit appeals court convened on Wednesday to consider the constitutionality of SB4 and its potential interference with federal powers, as argued by President Joe Biden’s administration. The judges did not issue an immediate ruling, leaving the timeline for a decision uncertain.
If the court ultimately allows SB4 to be implemented, the Department of Justice is seeking a delay in its effective date to pursue emergency action from the Supreme Court. The Biden administration had initiated a lawsuit against the law in January, particularly as migrant arrivals at the southern US border have surged to record levels under the current administration.
During the court proceedings, there was division among the judges regarding the law’s validity and its impact on federal immigration enforcement. US Judge Priscilla Richman expressed skepticism about allowing SB4 to be enforced while under appeal, questioning the historical exercise of such state powers. In contrast, Aaron Nielson, representing Texas, argued for the state’s right to self-defense.
Judge Andrew Oldham voiced uncertainty about the potential full invalidity of the law necessary for a complete block. If upheld, Texas’ SB4 could set a precedent for other states to follow suit, prompting concerns from Mexico, which criticized the law as anti-immigrant and vowed not to accept individuals deported by Texan authorities.
Mexican President Andrés Manuel López Obrador condemned SB4 as draconian and dehumanizing, highlighting the significant implications of the law on immigration enforcement. Traditionally, only the federal government has been responsible for enforcing US immigration laws, as courts have previously ruled.
The potential resurgence of SB4 could signify a fundamental change in immigration enforcement, with the law introducing harsh penalties including up to 20 years in prison for illegal entry or re-entry into Texas. Notably, crossing the US border illegally is already a federal offense, usually handled as a civil matter through the immigration court system.
Given the high stakes involved, the legal battle over SB4 underscores deep-seated divisions and concerns over immigration policy in the US. A recent Gallup poll revealed that nearly one-third of Americans perceive immigration as the most pressing issue facing the nation, surpassing concerns such as government functionality, the economy, and inflation.
