On Tuesday, March 19, the U.S. Supreme Court ordered that the state of Texas will be allowed to go forward with S.B. 4, a state law that authorizes state law enforcement to arrest and deport people they suspect entered the country illegally. On Monday, March 18, Justice Samuel Alito stayed the statute indefinitely.
The Justices Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan dissented from the Supreme Court’s order. Justice Sotomayor wrote, “the Court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos, when the only court to consider the law concluded that it is likely unconstitutional.”
Background on the S.B. 4
Supreme Court Justice Samuel Alito extended the temporary freeze of the enforcement of Texas’ controversial immigration law S.B. 4 until March 18 to allow the Court additional time to review the case. Justice Alito previously extended a temporary pause on the law’s implementation until March 13. The Supreme Court decision stayed a March 2 decision from the 5th U.S. Circuit Court of Appeals, which ruled that the bill could have gone into effect earlier this month.
The Biden administration asked the Supreme Court to block the law from going into effect by arguing that the Texas law usurps federal authority over immigration enforcement and would abruptly change the over 150-year history of federal control over international borders.
The Supreme Court has long ruled that the federal government has sole authority over immigration enforcement. Still, the State of Texas believes the Court’s current conservative majority will overrule this precedent. Texas has repeatedly clashed with the Biden administration over border policies and the federal government’s authority over immigration on several issues, including S.B.4; Texas’s multibillion-dollar border security initiative, Operation Lone Star; Texas building barriers along the Rio Grande; and deploying Texas National Guard troops to the border.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.