The Supreme Court has taken action. Texas can arrest illegal immigrants who violate immigration laws.
The Biden administration’s attempt to block a Texas Law that allows the state of Texas to arrest anyone suspected of violating U.S. Immigration laws failed. The Biden administration claimed that the federal government can enforce immigration laws or ignore them as it pleases. The Biden administration said that states like Texas had no say and no recourse in the matter.
Some justices weren’t happy that the majority of the court said no to overreaching.
Sonia Sotomayor and Ketanji Brown Jackson of the liberal justices wrote: “Today, this Court invites chaos and crisis to immigration enforcement.” For now, however, the Biden Administration may not interfere in Texas.
Biden wanted an administrative stay that would stop any Texas action that would speed up the appeals process.
Texas’ migration law declares unauthorized entry to the state (except at a port-of-entry) a state crime. Biden’s administration is ignoring the federal law that makes such an entry a crime. Texas can now defend its borders.
The 5th Circuit reversed the ruling of a federal judge who tried to stop the law from taking effect. The Biden administration hoped that the Supreme Court would overrule the 5th Circuit. It didn’t.
The state said, “Plaintiffs ask the Court to jump straight to the merits” of their claims. These cases are not appropriate for federal court, even though no state court has had the opportunity to interpret any provisions of S.B.4.
The Supreme Court majority voted in favor.
“As far as I know, this Court has never reviewed the decision of a court of appeals to enter—or not enter—an administrative stay,” wrote Justices Amy Coney Barrett and Brett Kavanaugh in ruling against the federal government. “I would not get into the business. When entered, an administrative stay is supposed to be a short-lived prelude to the main event: a ruling on the motion for a stay pending appeal. I think it unwise to invite emergency litigation in this Court about whether a court of appeals abused its discretion at this preliminary step.”
In the meantime, Texas is free to enforce its border.
