Wednesday, 20 November 2024

SCOTUS Extends Block On Texas Bill Criminalizing Illegal Border Crossings


One Dead After ‘Gun Battle’ Involving U.S. Border Agents in San Diego County

U.S. Department of Defense PDM 1.0 DEED, via Flickr, Cropped by Resist the Mainstream

The Supreme Court decided on Monday to extend a temporary halt on a new Texas immigration law, which faces a legal challenge from the Biden administration.

Conservative Justice Samuel Alito issued an order reinstating a temporary freeze on a lower court ruling, effectively keeping the law on hold “pending further order” of the court, NBC News reports.

Originally set to take effect on March 10, the law has now been halted three times by Alito, preventing it from being enforced.

The justice's latest order, which was set to expire on Monday evening, maintains the suspension of the law indefinitely, granting all nine justices additional time to deliberate on the next course of action.

The law in question, identified as SB4, grants police the authority to arrest immigrants who illegally cross the border from Mexico and imposes criminal penalties.

Solicitor General Elizabeth Prelogar argued in court documents that the Texas law directly contradicts Supreme Court precedent established over the past century.

In a previous ruling at the lower court level, Judge David Alen Ezra contended that the Texas law violates the Supremacy Clause and key provisions of federal immigration law. He emphasized that allowing Texas to supersede federal directives on immigration enforcement would undermine federal authority and contravene constitutional principles.

Advocates of SB4, including Texas Attorney General Ken Paxton, assert that the law aligns with federal legislation and enables the state to defend itself against criminal elements associated with illegal immigration.

The Constitution “recognizes that Texas has the sovereign right to defend itself from violent transnational cartels that flood the state with fentanyl, weapons, and all manner of brutality,” Paxton argued.

Opponents characterize SB4 as the most aggressive attempt by a state to regulate immigration since Arizona's controversial law over a decade ago, parts of which were invalidated by the Supreme Court. The ongoing legal battle coincides with immigration's prominence as a pivotal issue in the upcoming 2024 presidential election.

The clash over the Texas immigration law is just one of several legal disputes between Texas authorities and the Biden administration concerning border security and immigration enforcement. Several Republican governors have thrown their support behind Governor Greg Abbott's initiatives, criticizing the federal government for perceived inadequacies in enforcing existing immigration laws.

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