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Alito extends pause on Texas law allowing state arrests of migrants

  • SB 4 empowers Texas police to arrest migrants suspected of illegal entry
  • Alito's order to expire Monday but full court could take action before then
  • Order grants more time to consider Biden admin’s request to halt law

A member of Texas National Guard stands on top of a shipping container before a news conference at Shelby Park along the Rio Grande River in Eagle Pass, Texas, US, on Thursday, Feb. 8, 2024. In response to the surge and in defiance of federal authority over immigration, Abbott in January ordered Texas National Guard troops to take control of Shelby Park, a key access point in Eagle Pass to the Rio Grande, which flows along a major part of the US-Mexico border. Photographer: Sergio Flores/Bloomberg via Getty Images

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(NewsNation) — Supreme Court Justice Samuel Alito on Tuesday extended an order blocking a Texas law allowing state law enforcement authorities to arrest people suspected of crossing the U.S.-Mexico border illegally.

Alito’s action gives the justices additional time to weigh a request by the Biden administration to freeze a judicial order allowing the Texas law, known as Senate Bill 4, to take effect while its challenge proceeds in the lower courts.

The administration has argued the law violates the U.S. Constitution and federal law by interfering with the U.S. government’s power to regulate immigration.

Alito’s order is set to expire Monday, but he or the full Supreme Court could take further action before then. Alito handles certain emergency matters involving cases from a group of states including Texas.

Texas Gov. Greg Abbott signed the law in December, authorizing state law enforcement to arrest people suspected of entering the United States illegally, giving local officers powers long delegated to the U.S. government.

The Justice Department sued in January to block the measure, which was originally set to take effect March 5.

Texas-based U.S. District David Ezra on Feb. 29 sided with the administration and agreed to preliminarily block Texas officials from enforcing the law, saying that it “threatens the fundamental notion that the United States must regulate immigration with one voice.”

But the New Orleans-based 5th U.S. Circuit Court of Appeals paused Ezra’s ruling in an order that would have let the law take effect March 10, prompting the administration to file an emergency request to the Supreme Court.

Alito on March 4 halted the 5th Circuit ruling — and thus the law — from taking effect, with an order that was set to expire Wednesday before he extended the pause.

Reuters contributed to this story.

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