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SCOTUS pause on Texas’ immigration bill set to expire Monday

  • SCOTUS pause on Texas Senate Bill 4 set to expire Monday
  • SB4 grants statewide arrest authority for illegal entry
  • It could become one of the toughest state immigration laws in US history

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(NewsNation) — The U.S. Supreme Court is expected to make a decision as soon as Monday on whether to let Texas’ controversial immigration enforcement law, Senate Bill 4, take effect.

The nation’s highest court put the law on pause over a lawsuit led by the Justice Department, which argues Texas is overstepping the federal government’s immigration authority.

Justice Samuel Alito ordered a stay until Monday at 5 p.m. EDT, when the law could potentially take effect unless the high court takes further action.

A federal judge in Texas had blocked the law in a sweeping rejection last month, calling it a violation of the supremacy clause of the U.S. Constitution. Texas swiftly appealed the ruling and argued that it has a right to take action over what Gov. Greg Abbott has described as an “invasion” of migrants on the border.

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.

If the law takes effect, it will become one of the toughest state immigration laws in U.S. history. However, agencies insist that their operations will remain unchanged.

“We are aware of the governor signing SB4 into law effective March 2024. Given the stated goals and implementation parameters discussed in the state legislature, we will comply with the law and do not expect to make any substantive changes to SAPD policy or practice,” the San Antonio Police Department told NewsNation.

Despite the Supreme Court pause, Abbott continues to push for multiagency enforcement with Operation Lone Star. The state continued to “hold the line” by expanding border defense with fences and blockades. Additionally, the state has bused more than 105,000 migrants north to cities including New York and Chicago.

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