Texas’ migrant arrest law is on hold for now under latest court ruling
PREVIOUS COVERAGE: Appeals court holds hearing on Texas SB4 law
Texas’ illegal immigrant arrest law remains blocked, but that could change again any minute. The law was in effect for several hours Tuesday before a late-day appellate court decision put it back on hold. That court held a hearing Wednesday as it weighs whether to put the law back on the books while the courts decide whether Texas' SB4 is constitutional.
NEW ORLEANS - A Texas law that allows the state to arrest and deport migrants suspected of illegally entering the U.S. will remain on hold for now, a federal appeals court ruled.
The order late Tuesday from the 5th U.S. Circuit Court of Appeals followed a March 20 hearing by a three-judge panel of the court. It’s just the latest move in a seesaw legal case that is not yet over.
RELATED: Appeals court blocks enforcement of Texas migrant law once again
EAGLE PASS, TEXAS - JANUARY 28: An aerial view of the area as migrants walking along razor wire after crossing the Rio Grande into the United States on January 28, 2024 in Eagle Pass, Texas. (Photo by Lokman Vural Elibol/Anadolu via Getty Images)
The Justice Department has argued that Texas’ law is a clear violation of federal authority and would create chaos at the border. Texas has argued that President Joe Biden’s administration isn’t doing enough to control the border and that the state has a right to take action.
The law was in effect for several hours on March 19 after the U.S. Supreme Court cleared the way. But the high court didn’t rule on the merits of the case. It instead sent the case back to the 5th Circuit, which then suspended enforcement while it considered the latest appeal.
RELATED: Supreme Court lifts stay on Texas law that gives police broad powers to arrest migrants at border
Court action on Texas’ migrant arrest law leads to confusion at the US-Mexico border
The legal back-and-forth over Texas' controversial immigration law, SB4, has led to confusion at the US-Mexico border.
The latest ruling keeps the block in place.
The law signed by Abbott allows any Texas law enforcement officer to arrest people suspected of entering the country illegally. Once in custody, migrants could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don’t leave could face arrest again under more serious felony charges.
Texas did not announce any arrests during the brief time the law was previously in effect. Authorities have offered various explanations for how they might enforce the law. Mexico has said it would refuse to take back anyone who is ordered by Texas to cross the border.
Does SB4 violate or support the U.S. constitution?
A federal judge will hear arguments Thursday on a push to block a controversial new immigration law in Texas. It would give any law enforcement officer the authority to make an arrest if they suspect a person is in the U.S. illegally. At the center of it is the question, does it violate or support the constitution? Constitutional law attorney David Coale breaks down the arguments.
The law is considered by opponents to be the most dramatic attempt by a state to police immigration since an Arizona law more than a decade ago that was partially struck down by the Supreme Court. Critics have also said the Texas law could lead to civil rights violations and racial profiling.
Supporters have rejected those concerns, saying arresting officers must have probable cause, which could include witnessing the illegal entry or seeing it on video. They also say that they expect the law would be used mostly in border counties, though it would apply statewide.