Texas immigration law SB4 returns to court in legal whiplash
- 5th Circuit Court of Appeals court puts Texas immigration law on hold again
- DHS: Don’t have authority to assist with SB4 enforcement
- Officials say law would aid border crisis; activists fear racial profiling
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(NewsNation) — A whirlwind legal back-and-forth over Texas’ strict new immigration law will continue Wednesday when the 5th U.S. Circuit Court of Appeals considers whether to allow Texas to enforce the law while assessing its constitutionality — a decision that could redefine immigration policies nationwide.
The oral arguments follow a late-night order Tuesday from a 5th Circuit panel that temporarily put on hold again the bill known as Senate Bill 4. Earlier Tuesday, the U.S. Supreme Court allowed the law to take effect, rejecting a request from the Biden administration to stop the enforcement of SB 4 as it undergoes challenges in lower courts.
The U.S. Department of Homeland Security claims SB4 complicates its responsibilities, stating they “do not have the authority to take actions that assist the enforcement of SB4.”
However, several law enforcement officials in Texas disagree, believing the law could help contain the border crisis.
“The illegals will be incarcerated and we’ll rely on the government to use 287(g), which is delegated authority to allow local law enforcement agencies to hold illegal aliens, and then have ICE pick them up on detainers and send them back to Mexico,” Terrell County Sheriff Thaddeus Cleveland said.
“It is the mission of the Fort Worth Police Department to serve every member of our community and our day-to-day commitment to that mission will not change with the passage of Senate Bill 4,” said Fort Worth Police Department Chief Neil Noakes.
The Supreme Court’s initial ruling Tuesday ignited concern among immigration advocates who fear the law could lead to racial profiling and unjust detentions.
“We’re going to keep advocating for justice and equality for every single person that lives here in Texas,” said Joaquin Garcia, director of community organizing for LUPE. “We also have a separate lawsuit against SB4. So, we’re going to keep challenging this SB4 law in the courts in the coming weeks.”
Regardless of how 5th Circuit rules on temporarily blocking the law, arguments are scheduled for next month to determine its constitutionality. The ongoing legal battle suggests the case could return to the Supreme Court.
