Supreme Court Justices Brett Kavanaugh and Amy Coney Barrett ruled Tuesday to lift the administrative stay upheld on Monday by Justice Samuel Alito, which blocked Texas from enforcing SB4, a newly introduced immigration law. The law enables local law enforcement to detain migrants and empowers state judges to order deportations.
The two justices issued an order vacating the prior order by Justice Alito, noting that the legislative pause enacted on behalf of the Biden Department of Justice by the Fifth Circuit Court of Appeals was not a ‘stay pending appeal.’ Instead, the two justices concluded the stay was administrative in nature as the circuit court had cited its docket management authority.
President Joe Biden’s Department of Justice contends that the power to make and enforce immigration law is solely reserved in the Constitution to the federal government. Texas has countered that constitutional provisions afford state governments latitude on immigration law when the federal government is unable or refuses to enforce security at the border.
While a temporary freeze halted the law’s execution in early March, following a preemptive lawsuit from the Biden government, the 5th U.S. Circuit Court of Appeals ruled that it would go into effect on March 10 if the Supreme Court declined to intervene. Justice Alito ordered a second emergency stay request on Monday. Tuesday’s order from justices Kavanaugh and Barrett has vacated Alito’s order.
While the justices have lifted the stay, they have yet to rule on the actual merits of the case.
Wow.
The Supreme Court just did a 180 and ruled that Texas is allowed to enforce SB 4, allowing state police to arrest and deport illegal aliens.
7 of the 9 Justices sided with Texas over the Biden admin
Sotomayor and Jackson dissented and said it will “sow chaos.” pic.twitter.com/s2SIXaWe8u
— Greg Price (@greg_price11) March 19, 2024