New York: A U.S. appeals court has upheld a decision to maintain a Republican-backed Texas law, granting state authorities the power to arrest and prosecute individuals suspected of unlawfully crossing the U.S.-Mexico border. President Joe Biden’s administration has opposed this law, asserting that it encroaches upon federal jurisdiction.
In a 2-1 ruling on Tuesday, a panel of the New Orleans-based 5th U.S. Circuit Court of Appeals rejected Texas’s plea to enforce the law while the state appeals a judge’s order blocking it.
The legislation, formally known as S.B. 4, has become a focal point in the ongoing dispute between Texas and the Biden administration over border security and immigration. S.B. 4 criminalizes illegal entry or re-entry into Texas from a foreign country and grants state judges the authority to order violators to leave the United States, with potential prison sentences of up to 20 years for non-compliance.
This latest ruling marks the third decision regarding the status of the law in a short span. Last week, the Supreme Court allowed it to take effect temporarily, only for the 5th Circuit panel to reinstate the injunction hours later, following U.S. District Judge David Ezra’s February ruling.
Judge Ezra, based in Austin, cited a 2012 Supreme Court precedent involving an Arizona law, which held that states cannot adopt immigration enforcement measures conflicting with federal law.
The 5th Circuit panel is slated to hear arguments on the merits of Texas’s appeal on April 3. However, Circuit Judge Andrew Oldham, an appointee of former President Donald Trump who dissented in Tuesday’s decision, expressed skepticism about the panel upholding S.B. 4.
While the U.S. Department of Justice and Texas Attorney General Ken Paxton’s office have yet to comment, civil rights groups supporting the Biden administration’s challenge welcomed the ruling. They assert that it temporarily protects migrants’ rights and prevents potential racial profiling by Texas authorities.
The legal dispute underscores broader tensions between Republican-led states and the Biden administration over border enforcement policies. The administration argues that immigration falls under federal purview, while Texas Governor Greg Abbott contends that the law is necessary to address rising illegal entries.
The Texas law’s challenge is part of a series of legal battles between Republican state officials and the Biden administration, highlighting ongoing debates over border security and immigration policy.
