SB4: Supreme Court extends pause on Texas immigration law that would allow police to arrest migrants

The U.S. Supreme Court on Monday extended a block on Texas' controversial immigration law Senate Bill 4. 

The law would give police the ability to arrest and detain migrants suspected of illegally entering the U.S. and empower judges to direct those people to be taken back to a border crossing.

Democrats see the delay to SB4 as a win and call the law unconstitutional. Republicans say this is a bump in the road and are confident the state immigration law will stand.

Supreme Court Justice Samuel Alito signed the order on Monday afternoon to extend the stay "pending further order of the undersigned or of the Court."

The order was posted minutes after the 4 p.m. expiration of the previous stay.

Senate Bill 4 has been the flashpoint for civil liberties and immigrant advocacy groups as well as legal maneuvers across the last legislative session. In fact, it did not pass until Texas' fourth special session. 

SB4 was signed into law by Governor Greg Abbott in December and was set to go into effect on March 15. Legal challenges and appeals moved the bill to the highest court in the land.

Opponents have called the law the most dramatic attempt by a state to police immigration since an Arizona law more than a decade ago, portions of which were struck down by the Supreme Court.

"This is obviously turning out to be a difficult decision for the Supreme Court on some of the issues. In this case, there is precedent from the U.S. Supreme Court that's right on point involving other similar state laws from Arizona about ten years ago, but it's been a while. The make-up of the court has changed," said constitutional law attorney David Coale. 

The Supreme Court in 2012 struck down key parts of an Arizona law that would have allowed police to arrest people for federal immigration violations, often referred to by opponents as the "show me your papers" bill. The divided high court found then that the impasse in Washington over immigration reform did not justify state intrusion.

Texas Attorney General Ken Paxton said the state's law mirrored federal law and "was adopted to address the ongoing crisis at the southern border, which hurts Texans more than anyone else."

Texas Rep. David Spiller (R-Jacksboro) carried the bill in the House. He explains what would happen next. 

"They're taken to an independent magistrate. If the magistrate determined that, that each and every element of that offense has been met, then those folks can be prosecuted and jailed or they're given the alternative that they can go back," he explained.

Spiller is confident SB4 is not a carbon copy of Arizona’s failed attempt at an immigration law.

Texas Rep. Victoria Neave Criado (D-Mesquite) disagrees, thinking there needs to be a better plan. 

"When you have individuals who are going to have to be carrying their passport, even American citizens, to prove that they are a citizen, then this is clearly a ‘show me your papers’ law," she said. "We need common sense solutions. We need civil discourse and dialog between Gov. Abbott and the White House." 

The law requires probable cause. Some Republican sheriffs see it as a law for border counties — not urban areas. 

In reaction to the delay while lawsuits play out, Gov. Abbott said the Supreme Court did not halt the states pre-existing authority to arrest for criminal trespass. 

Spiller speculated the court could also be waiting for oral arguments in the 5th Circuit on April 3 on this same law. 

"The merits of the case have not been heard. But the merits, as far as the appeal to the Fifth Circuit, will be heard," he said "I anticipate I’ll be down there for that, and that will be heard. And I've seen the briefing on it. I feel very confident in that."

The Biden administration sued to strike down the measure, arguing it would usurp core federal authority on immigration, hurt international relations and create chaos in administering immigration law. Civil rights groups have argued the law could lead to civil rights violations and racial profiling. 

A federal judge in Texas struck down the law in late February, but the 5th Circuit Court of Appeals quickly stayed that ruling, leading the federal government to appeal to the Supreme Court.

The 5th Circuit Court is taking up the case next month. Whatever happens there will be appealed again, bringing the whole case back to the Supreme Court.

The battle over the Texas immigration law is one of multiple legal disputes between Texas officials and the Biden administration over how far the state can go to patrol the Texas-Mexico border and prevent illegal border crossings.

Several Republican governors have backed Gov. Greg Abbott's efforts, saying the federal government is not doing enough to enforce existing immigration laws. 

The case is unfolding as record numbers of asylum seekers arrive in the United States and immigration emerges as a central issue in the 2024 election.

The Associated Press contributed to this report.