Supreme Court Justice Samuel Alito extended an order Monday blocking Texas officials from executing a new state immigration law authorized by Governor Greg Abbott. The state-sanctioned SB4 considers illegal immigration a state-level crime in addition to being a federal offense. This law equips state and local law enforcement to prosecute illegal immigrants charged with unlawful entry. It also empowers Texas judges to order forced returns to Mexico as an alternative to prolonging their prosecution.
The Biden government has argued that SB4 is unconstitutional. Following its request last month, a federal judge halted the law on the grounds that it contradicted federal immigration laws. The 5th Circuit Court suppressed that ruling until Alito postponed enforcement for administrative reasons.
Alito’s stay preserves the status quo until the court deliberates on the Justice Department’s request for emergency relief. The litigation concerning SB4’s legality continues in the U.S. Court of Appeals for the 5th Circuit.
Texas officials, led by Abbott, argue that the federal government’s efforts to control illegal immigration are inadequate, necessitating the state’s intervention. For three years, Texas has mounted actions to contest the federal government’s supremacy over immigration policy. Moves include transporting illegal immigrants to Democrat-controlled’ sanctuary cities’ and installing deterrents along border regions.
On the other hand, the Justice Department maintains that SB4 violates federal law and the Constitution, as immigration enforcement has traditionally been a federal duty. They also argue that the legislation impairs relations with Mexico, whose government has dubbed SB4 “anti-immigrant” and pledged to refuse illegal immigrants returned by Texas.