Texas won the latest battle in its war with the Federal government over border enforcement on March 19, when the US Supreme Court ruled that Texas law enforcement personnel have the authority to arrest those caught in the country illegally, pursuant to Texas state law.
The particular law at issue was signed in December 2023 by Republican Governor Greg Abbot. It grants Texas state and local police the authority to enforce immigration law at the border. When he sighed the law, Abbot pointed the finger directly at Joe Biden, accusing the President of “deliberate inaction” which forced Texas to step up and hold the line against the current outsized surge of migrants crossing the border illegally into Texas.
The Bill was signed during a public ceremony held at the border, and was immediately followed by numerous lawsuits by organizations such as the ACLU to halt enforcement of the law. On Thursday March 14, Reagan-appointed Judge David Ezra of the US District Court issued a temporary injunction, blocking enforcement of the law pending trial. Shortly thereafter, the Fifth Circuit Court of Appeals granted a stay of the ruling, at which point the case was appealed upwards to the Supreme Court on an emergency basis.
The ruling denies an emergency application for to overturn the Fifth Circuit’s decision sought by the Biden administration to block enforcement. This ruling is a procedural matter, forcing the case to work its way up through the courts in the normal fashion, rather than granting the issue the right to cut in line in front of other cases which have similarly taken the long slow route up to the high court.
Ken Paxton, Attorney General of Texas, took to the X social media platform to celebrate his victory over both the ACLU and the Biden Administration. He said that SB4 is now in effect, calling it a win for Texas state sovereignty.
The court battles will continue.
