Supreme Court Justice Samuel Alito has extended an order preventing Texas officials from detaining migrants suspected of crossing the U.S. southern border without authorization under the controversial state immigration law known as SB4. This law, which criminalizes unauthorized migration at the state level and creates felony charges for illegal reentry, has been deemed unconstitutional by the Biden administration. The U.S. Court of Appeals for the 5th Circuit is currently reviewing the legality of SB4, and the Justice Department has requested that the Supreme Court put the law on hold during the court challenge.
The Biden administration has argued that SB4 conflicts with federal immigration laws and the Constitution, as immigration enforcement has traditionally been a federal responsibility. The law enables Texas law enforcement officials to detain and prosecute migrants for illegal entry and reentry, as well as order them to return to Mexico as an alternative to prosecution. Governor Greg Abbott, a vocal critic of President Biden’s border policies, has defended SB4 as a necessary measure to deter illegal immigration. Over the past three years, Texas has taken aggressive state actions to challenge the federal government’s authority over immigration policy, including filing lawsuits against federal immigration programs and implementing deterrence measures along the border.
Despite the suspension of SB4 by a federal judge last month, the 5th Circuit Court of Appeals overturned the ruling, leading to Alito’s decision to continue pausing the enforcement of the law. While the legal battle over SB4 continues, the fate of the state’s immigration policies and the ongoing conflict between state and federal authorities remain at the forefront of the immigration debate in the United States.