On March 26, a US appeals court maintained a Republican-supported Texas statute, which would have empowered state officials to apprehend and charge individuals believed to have illegally crossed the US-Mexico border, in suspension. The 5th US Circuit Court of Appeals in New Orleans, in a 2-1 decision, declined Texas’ plea to activate the contentious law while the state challenged a judge’s decision to halt its implementation during the appellate process.
SB4, a law that has sparked tensions between the Biden administration and Texas regarding immigration and border security, would have criminalized illegal entry or re-entry into Texas from another country. Additionally, it would have granted every state judge the authority to mandate the deportation of violators, with a potential 20-year imprisonment for those who resisted compliance.
The panel’s decision was the third in a rapid succession of rulings concerning the law’s status. Despite the Supreme Court’s initial approval of its enforcement, the panel later reinstated the injunction imposed by US District Judge David Ezra, halting its implementation. In February, Ezra cited a 2012 Supreme Court precedent regarding an Arizona law, emphasizing that states couldn’t lawfully enact immigration enforcement measures contradicting federal law.
According to some reports, the panel is set to review arguments regarding the substance of Texas’ appeal on April 3. However, many analysts doubt the likelihood of the law being approved and put into effect. The lawsuit filed by the Biden administration in January argues that the law violates federal law and the Constitution by infringing upon the authority of the US government to regulate immigration.
The Biden administration has often stressed that immigration is within the purview of the federal government, stating that the Texas law would impede the enforcement of intricate U.S. regulations concerning deportation processes and the qualifications of migrants for asylum.
