Government
BY HANNAH NORTON
Federal courts have so far blocked a Texas law that would allow police officers to arrest people they suspect are in the country illegally. State lawmakers passed Senate Bill 4 in November with support from Gov. Greg Abbott and other top Texas Republicans, who have said the law is necessary to curb an “invasion” at the border by migrants and drug cartels. The Biden administration, El Paso County and several immigrant advocacy groups later sued Texas, arguing the controversial law undermines the federal government’s ability to enforce immigration restrictions and harms relations with foreign countries. Divisive Texas immigration law caught in courts
Senate Bill 4 timeline
What happened
2023
Dec. 19: El Paso County, two immigrant rights groups sue Texas over SB 4 Nov. 14: Texas lawmakers pass SB 4
Texas officials are currently prohibited from enforcing SB 4 after a series of whiplash court rulings in March. At a March 20 hearing before the 5th U.S. Circuit Court of Appeals, Texas Solicitor General Aaron Lloyd Nielson argued the state has “a right to defend itself” against record illegal border crossings. “SB 4 is a modest but important statute,” Niel- son said. “It’s modest because it mirrors federal law; it’s important because it helps address what even the president has called a border crisis.” The law briefly took effect March 19 under a U.S. Supreme Court ruling, but it was blocked a few hours later. The 5th Circuit Court ruled March 26 that SB 4 would not take effect amid an ongoing legal battle. The appeals court heard additional oral argu- ments April 3 but did not issue another ruling before press time.
2024
Jan. 3: U.S. Department of Justice sues Texas over SB 4. The suits were later combined. Feb. 29: U.S. District Judge David Ezra temporarily blocks SB 4 March 1: 5th Circuit Court overturns Ezra’s ruling, allows SB 4 to take effect March 10 March 4-18: U.S. Supreme Court pauses SB 4 as justices deliberate the case March 19: SB 4 effective under Supreme Court; 5th Circuit Court later blocks law March 20: 5th Circuit Court holds last-minute virtual hearing on SB 4 March 26: 5th Circuit Court upholds Ezra’s ruling, keeping SB 4 blocked April 3: 5th Circuit Court hears oral arguments during in-person hearing in New Orleans
SOURCES: 5TH U.S. CIRCUIT COURT OF APPEALS, U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS, U.S. SUPREME COURT/COMMUNITY IMPACT
Breaking down the law
Senate Bill 4 would give Texas officials unprecedented power to enforce immigration restrictions and deport migrants.
Looking ahead
State and local law enforcement could arrest migrants suspected of crossing the Texas-Mexico border. Those arrested could face six months in jail or a $2,000 fine. Repeat offenders could face felony charges. Judges could deport migrants by ordering them to return to Mexico, regardless of their nationality.
“Nevertheless, under Texas law they would be removed to Mexico. The United States would have no voice in the matter.” Mexican officials have said they will not accept deportations from Texas. Once the 5th Circuit Court issues another ruling, the case may return to the Supreme Court.
If SB 4 takes effect, Texas judges would have “unilateral power” to order undocumented migrants to cross into Mexico without input from federal immigration officials, Chief Judge Priscilla Richman of the 5th Circuit wrote in the March 26 ruling. “A large number of noncitizens who crossed into Texas from Mexico are not citizens or residents of Mexico,” the order reads.
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