The Biden Administration Seeks Supreme Court Intervention to Block Texas Immigration Law SB4
The Biden administration has taken a decisive step in its ongoing battle over immigration policy, seeking the intervention of the Supreme Court to block the enforcement of Texas’ controversial immigration law known as SB4. This law, if implemented, would grant Texas law enforcement officials unprecedented powers to arrest migrants suspected of crossing into the U.S. without authorization.
SB4 is considered one of the most far-reaching state immigration laws in modern U.S. history, as it not only allows for the arrest and prosecution of migrants on state criminal charges of illegal entry or reentry but also empowers state judges to issue de facto deportation orders against suspected violators. However, U.S. District Court Judge David Ezra temporarily blocked the law last week, ruling that immigration arrests and deportations fall under federal jurisdiction and rejecting Texas’ claims of an “invasion” by migrants.
Despite this temporary setback, the 5th Circuit Court of Appeals suspended Judge Ezra’s order on administrative grounds at Texas’ request, allowing for further review. In response, the Biden administration requested the Supreme Court’s intervention in an effort to prevent the law from taking effect. Justice Samuel Alito granted this request and paused the 5th Circuit Court of Appeals’ order until Wednesday, March 13, giving Texas until the end of business day next Monday to make its case.
If the Supreme Court ultimately sides with Texas, SB4 could come into effect on March 13 at 5 p.m. ET. Texas Governor Greg Abbott, a Republican who signed the law in December, argues that it is necessary to reduce migrant crossings and criticizes the Biden administration for what he perceives as a lack of action to deter illegal immigration. While Texas state troopers have already been making arrests on trespassing charges, SB4 would allow them to do so without the need for collaboration with property owners.
In contrast to Texas’ stance, the Biden administration contends that SB4 interferes with federal immigration enforcement, disregards U.S. asylum law, and risks damaging foreign relations with Mexico. The Mexican government has condemned the law as an “anti-immigrant” measure. The Justice Department, in its filing to the Supreme Court, warned that SB4 would create chaos in the administration of federal immigration laws in Texas and disrupt foreign relations.
The legal battle over SB4 is just one of many clashes between Texas and President Biden regarding immigration policy. Tensions have escalated over the use of razor wire and buoys placed by Texas officials near or in the middle of the Rio Grande. Furthermore, Texas National Guard soldiers, under Governor Abbott’s orders, have prevented federal Border Patrol agents from processing migrants in a public park in Eagle Pass. In response to this, Texas has been transporting tens of thousands of migrants from the U.S.-Mexico border to large, Democratic-led cities such as New York, Chicago, and Denver.
The outcome of this legal fight will have significant implications for immigration policy in the United States. It remains to be seen whether the Supreme Court will side with Texas or uphold the Biden administration’s concerns over federal jurisdiction and foreign relations. As the battle continues to unfold, it is clear that immigration policy will remain a contentious issue at the forefront of political discourse in the country.