In a dramatic turn of events, the 5th Circuit Court of Appeals issued a late-night order blocking the enforcement of Texas’s controversial immigration law, SB4, mere hours after the Supreme Court had allowed it to take effect. The appellate court’s decision reinstates a previous ruling by U.S. District Court Judge David Ezra, who deemed SB4 unconstitutional, citing conflicts with federal immigration laws and the Constitution.
The Supreme Court had earlier denied a Justice Department plea to invalidate the 5th Circuit’s initial order that had put Ezra’s ruling on hold, leading to a brief period where SB4 was in force. It remains unclear if any migrants were detained under the law during this interval.
Judge Ezra’s injunction against SB4 will remain effective until the 5th Circuit delivers a verdict on Texas’ appeal to enforce the law while its legality is under review. A virtual hearing on this matter is scheduled for the following Wednesday morning.
SB4, passed by the Texas legislature last year, criminalizes unauthorized migration at the state level, elevating the federal offense of entering the U.S. outside a port of entry to a state crime and introducing a state felony charge for illegal reentry.
The law also empowers Texas law enforcement officials to detain and prosecute migrants on these new charges and allows state judges to mandate migrants’ return to Mexico as an alternative to prosecution.
The Justice Department has criticized SB4, asserting it infringes upon federal jurisdiction over immigration matters, including arrests and deportations. Furthermore, the department contends that SB4 damages diplomatic relations with Mexico, which has condemned the law as “anti-immigrant” and pledged to refuse migrants forced back by Texas.
The legal battle over SB4 continues to unfold, with implications for state-level immigration enforcement and federal-state relations in the spotlight.
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