The U.S. Supreme Court on Tuesday refused to block a Republican-backed Texas law that allows state authorities to arrest people suspected of illegally crossing the U.S.-Mexico border, rejecting a request from the administration of President Joe Biden.
The administration asked the justices to freeze a court order that would have allowed the Texas law to take effect while the U.S. government is still challenging the law in lower courts. The administration claims the law violates the U.S. Constitution and federal law by interfering with the U.S. government's power to regulate immigration.
The law will now be discussed again by the appeals court, and could end up again before the highest court in the country.
The Supreme Court majority did not issue a detailed opinion on the case, as is customary, but liberal Justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor opposed the decision to allow the Texas law to take effect.
"The court gives the green light to a law that will upset the long-standing balance between federal and state powers and cause chaos," Sotomayor wrote, while White House spokeswoman Karin Jean-Pierre called the law "harmful and unconstitutional" and added that it would be a burden on law enforcement agencies. of the law and cause confusion. Opponents of the bill also say it could lead to civil rights violations and racial profiling.
Last December, Texas Gov. Greg Abbott signed a bill, known as SB 4, that authorizes state authorities to arrest people suspected of entering the United States illegally, handing over the US government's powers to local officials. Abbott said the legislation was needed because of Biden's failure to enforce federal laws criminalizing illegal or re-entry, adding at a Dec. 18 press conference that Biden's inaction left Texas to fend for itself.
The manner in which the Democratic president, whose mandate has seen a record number of migrants caught illegally crossing the US-Mexico border, has drawn sharp criticism from Republicans. Abbott and other Republicans said Biden should have maintained former President Donald Trump's restrictive policies.
Texas law makes illegal entry or re-entry into Texas a felony in that state, with penalties ranging from 180 days to 20 years in prison. Under the law, Texas magistrate judges will have to order migrants to return to Mexico, with those who refuse facing up to 20 years in prison.
The Justice Department filed an appeal in January to block the measure, which was originally scheduled to take effect on March 5. Lawyers for the Biden administration argued that it violates federal law and constitutional provisions that give the U.S. government the power to regulate trade with foreign countries and between states, and that it runs afoul of a 2012 Supreme Court precedent.
U.S. District Judge in Texas David Ezra on February 29 sided with the administration and agreed to preliminarily block Texas officials from enforcing the law, which he said threatened the fundamental idea that the United States must regulate immigration unanimously.
But the New Orleans-based 5th U.S. Circuit Court of Appeals stayed Ezra's ruling in an order that would have allowed the Texas law to take effect on March 10, prompting the administration to file an emergency appeal with the Supreme Court.
Justice Samuel Alito, who is handling certain emergency cases involving cases from a group of states including Texas, on March 4 halted the ruling, and thus the law, from taking effect, giving the Supreme Court more time to consider the issue. Texas has taken a number of measures to deter people crossing illegally as part of Operation Lone Star, including deploying National Guard troops to the border, barricading migrants with wire and installing a floating barrier along part of the Rio Grande River.
Republicans in February refused to support a bipartisan Senate deal that would have strengthened border security and tightened immigration laws after Trump pushed members of his own party to reject it. Biden said the blame for the bill's failure lies with Republican lawmakers who bowed to political pressure from Trump, who thinks it's bad for him politically.
An analysis of exit polls by Edison Research after primary election votes in early March showed many voters fear the situation along the border. Many called it their top voting issue. A Reuters/Ipsos poll showed that Biden's popularity on February 28 was 37 percent.
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