Topline
A Texas federal judge blocked a controversial new immigration law Thursday that makes it legal for state officials to arrest migrants suspected of entering the country illegally, a measure that state legislators and advocacy groups have called “unconstitutional.”
Key Facts
U.S. District Judge David Ezra filed a preliminary injunction against Senate Bill 4, after previously expressing concerns about the implications of states potentially enforcing different immigration laws.
In Thursday’s court filing, Ezra wrote that several factors warranted the injunction, including the fact that immigration surges “do not constitute an ‘invasion’ within the meaning of the Constitution” nor is the state engaging in war by enforcing the law.
SB 4, which Texas Gov. Greg Abbott signed into law on Dec. 18, was set to take effect Tuesday.
Under the law, migrants could either be ordered to leave the country or face illegal entry misdemeanor charges after being placed in custody—which could turn into a felony charge if another crime is committed or a judge’s order is not followed.
The ACLU of Texas called the injunction a “win for Texas values, human rights, and the Constitution” in a post on X, formerly known as Twitter.
Texas state officials are expected to appeal the ruling, the Associated Press reported.
Crucial Quote
“Finally, to allow Texas to permanently supersede federal directives on the basis of an invasion would amount to nullification of federal law and authority—a notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War,” Ezra wrote.
Chief Critic
The law has drawn criticism from lawmakers and advocates alike. Several state officials and advocacy groups have criticized the law, calling it “unconstitutional” and citing the 2012 Supreme Court ruling in Arizona v. U.S., which said officials cannot arrest someone based on immigration status alone. Following its passage, the ACLU, Texas Civil Rights Project and El Paso County also filed a lawsuit.
Tangent
On Thursday, President Joe Biden and former President Donald Trump are expected to visit the southern border in separate visits.
Key Background
Illegal immigration has surged under the Biden administration, and the Senate recently failed to pass a bipartisan budget bill that would have bolstered security at the border amid Republican infighting. As a result, U.S. Immigration and Customs Enforcement was reportedly considering mass releases of detained migrants to address a $700 million budget deficit. Abbott has repeatedly criticized the federal government’s handling of the situation—and Texas Attorney General Ken Paxton sued the Biden administration in October over the destruction of razor wire at the border. SB 4 was introduced in the state Senate last November, quickly making its way through the state’s legislative chambers and to Abbott’s desk. The U.S. filed a lawsuit on Jan. 3, according to court filings, to prohibit the law’s enactment under the Supremacy Clause and Dormant Commerce Clause—which has since been joined by plaintiffs Las Americas, American Gateways and El Paso County.
Further Reading
Trump And Biden Plan Dueling Border Visits: Both Plan Texas Visits Thursday (Forbes)
What we know about Texas’ new law that lets police arrest migrants who enter the US illegally (Associated Press)
Texas Officials Pass Bill Allowing Arrests Of Migrants—But Here’s Why It Might Be Unconstitutional (Forbes)
Texas Building Military ‘Base Camp’ At Eagle Pass Amid Showdown With Border Patrol (Forbes)
