The U.S. Supreme Court has given the green light to a Texas law, supported by Republicans, that permits state law enforcement authorities to apprehend individuals suspected of unlawfully
crossing the U.S.-Mexico border. This decision comes after President Joe Biden's administration attempted to block it.
With a conservative majority of 6-3, the court rejected the plea to halt the law's enforcement, prompting dissent from its three liberal justices, who argued that this action disrupts the typical federal jurisdiction over immigration enforcement.
White House Press Secretary Karine Jean-Pierre voiced concerns, stating that the Texas law could "cause chaos and confusion at our southern border." Conversely, Republican Texas Governor Greg Abbott praised the court's decision as "clearly a positive development."
The Biden administration had sought to halt a judicial order allowing the law to take effect while its legal challenge proceeded in lower courts. The Justice Department filed a lawsuit in January to block the measure, contending that it violates the U.S. Constitution and federal law by encroaching on the federal government's authority to regulate immigration.
Abbott signed the law, known as SB 4, last December. It grants state law enforcement the power to arrest individuals suspected of illegally entering the United States, a responsibility traditionally held by federal authorities. Abbott argued that the law was necessary due to Biden's alleged failure to enforce federal laws criminalizing illegal entry or re-entry.
Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, expressed dissent, criticizing the decision as inviting "further chaos and crisis in immigration enforcement." Justice Elena Kagan also issued a separate dissent.
Critics have scrutinized Biden's handling of the surge in migrants unlawfully crossing the U.S.-Mexico border during his presidency. Republicans, including Abbott, have argued that Biden should have maintained the restrictive policies of former President Donald Trump, the Republican candidate who challenged Biden in the November 5 U.S. election.
The Texas law classifies illegal entry or re-entry into Texas as a state crime, punishable by penalties ranging from 180 days in jail to 20 years in prison. It mandates Texas magistrate judges to order migrants to return to Mexico, with up to 20-year sentences for non-compliance.
Conservative Justice Amy Coney Barrett, in her concurring opinion, explained that the court was tasked with overturning a lower appeals court's "administrative stay" of a judicial decision blocking the law. Justice Brett Kavanaugh joined her in this opinion.
Biden's administration could submit another application to the Supreme Court if the New Orleans-based 5th U.S. Circuit Court of Appeals fails to issue a ruling promptly, according to Barrett. Justice Samuel Alito previously halted the 5th Circuit ruling, giving the Supreme Court more time to deliberate on the matter.
Texas has implemented various measures under Operation Lone Star to deter illegal border crossings, including deploying National Guard troops, installing barriers, and blocking migrants with concertina wire.
Jean-Pierre criticized the Texas law, accusing Republican officials of politicizing the border without offering effective solutions. Republicans previously rejected a bipartisan U.S. Senate deal aimed at bolstering border security and immigration laws. Voter concern over the border situation remains high, as indicated by recent Reuters/Ipsos polling, which showed Biden's public approval at 37% as of February 28. Photo by Wikimedia commons.