Supreme Court Extends Pause on Texas Law Authorizing State to Arrest, Deport Illegal Immigrants

Supreme Court justice Samuel Alito on Tuesday briefly extended the pause on a new Texas law that, once in effect, would have empowered local and state law enforcement to arrest and deport illegal immigrants who cross the southern border.

Alito initially issued an administrative stay on March 4 for the U.S. Fifth Circuit Court of Appeals ruling that would have allowed Texas Senate Bill 4 (SB 4) to go into effect while the appellate court considers its legality. With Alito’s previous order, SB 4 was set to take effect Wednesday. The conservative justice has extended the stay to Monday, March 18.

The stay’s extension comes after the Fifth Circuit on March 2 overturned a lower court’s decision to block SB 4 on the basis that the legislation infringes on the federal government’s authority to enforce immigration law.

Alito’s stay effectively sets a Monday deadline as the Supreme Court considers the Biden administration’s request to block the law for a longer period of time.

SB 4 would give state and local governments the authority to arrest illegal immigrants who enter Texas from Mexico outside of officially designated ports of entry. The law, signed by Governor Greg Abbott in December, can charge those who unlawfully cross the border with a state misdemeanor or felony if illegal immigrants are charged with additional crimes or don’t comply with a judge’s orders. Prison time for violating the legislation varies from one to 20 years, depending on the charge that is leveled.

SB 4, initially set to take effect on March 5 as intended by Abbott, also authorizes state judges to deport illegal aliens to Mexico if they see fit rather than pursue prosecution under federal law.

Since it was signed into law late last year, the Justice Department and several immigration-advocacy organizations, such as the American Civil Liberties Union, have sued Texas for proceeding with the new state law.

Plaintiffs argue that the bill runs constitutionally afoul of a 2012 Supreme Court ruling, Arizona v. U.S., which forbids states from implementing their own immigration laws. Arizona’s “Show Me Your Papers” law was criticized for overstepping federal authority before it was overturned over a decade ago. Under the Court’s decision, creating and enforcing immigration laws and policies are left entirely to the federal government.

Texas officials have repeatedly stood firm against the Biden administration and taken the unprecedented border crisis, which Abbott explicitly declared an “invasion,” into their own hands. The federal government is also legally challenging the state over its use of bouy barriers and concertina wire. Texas implemented these border measures last year under Operation Lone Star to deter illegal immigrants from entering the state.

In late February, U.S. district court judge David Ezra prevented Texas from enforcing SB 4. The Fifth Circuit then paused that ruling at Texas’s request before Alito suspended the appellate court’s order twice. The Fifth Circuit is expected to hear arguments on the merits of SB 4 on April 3.