Following the U.S. Supreme Court's decision Tuesday to allow a Texas immigration law to go into effect, Governor Greg Abbott had a muted response, saying that the fight isn't over.
"In a 6-3 decision SCOTUS allows Texas to begin enforcing SB4 that allows the arrest of illegal immigrants. We still have to have hearings in the 5th circuit federal court of appeals. But this is clearly a positive development," Abbott wrote on X (formerly Twitter).
The Context
About five minutes after Texas' Senate Bill (SB) 4 took effect on Monday, Supreme Court Justice Samuel Alito extended his administrative stay on the controversial legislation "pending further order" of the Court.
Backed by Abbott, SB 4 was approved in a special Texas legislative session in November. It allows local and state law enforcement to arrest, detain and remove individuals suspected of entering the state illegally from other countries.
However, the Biden administration has argued that SB4 is unconstitutional, saying that immigration enforcement falls under federal jurisdiction.
What We Know
On Tuesday, the Supreme Court permitted Texas to start enforcing SB4, which means law enforcement can charge individuals suspected of illegally coming into Texas. SB 4 makes it a Class B misdemeanor to cross the border illegally and is punishable by up to six months in jail for a first-time offender.
SB 4 was initially scheduled to go into effect on March 5, but one day before implementation, the U.S. District Court for the Western District of Texas granted a motion for a preliminary injunction to block it.
Abbott immediately vowed to appeal the decision, saying he would "not back down in our fight to protect our state—and our nation—from President [Joe] Biden's border crisis."
In his response to Tuesday's ruling, Abbott pointed out that hearings on the case in the 5th U.S. Circuit Court of Appeals have yet to happen.
The ruling comes amid heightened political tensions surrounding border policy in the U.S., especially during an election year when immigration is a key issue. Record-high numbers of people have arrived at the U.S.-Mexico border, and the increase in migrants coming to cities across the country has pushed Democratic mayors to pressure Biden to address the issue.
Views
Texas Attorney General Ken Paxton wrote on X, "HUGE WIN: Texas has defeated the Biden Administration's and ACLU's emergency motions at the Supreme Court. Our immigration law, SB 4, is now in effect. As always, it's my honor to defend Texas and its sovereignty, and to lead us to victory in court."
In response to Tuesday's decision, the American Civil Liberties Union (ACLU) Texas said in a post in X, "We won't back down until this extreme anti-immigrant law is struck down for good."
The state branch of the ACLU has previously referred to SB 4 as "one of the most extreme pieces of anti-immigrant legislation any state legislature has ever enacted."
If the law is implemented, the ACLU said, people of color traveling through the state would face a higher risk of racial profiling and over-policing.
Newsweek has reached out to Abbott's office via email for comment.
What's Next?
The legal challenges to SB4 aren't over yet, as the case is still pending in the 5th U.S. Circuit Court of Appeals.
While Texas can implement the law now, it may again be legally hindered, pending a ruling in a neighboring state.
The New Orleans–based U.S. Court of Appeals for the 5th Circuit will hear arguments about the law in April.
Update, 3/19/24, 4:05 p.m. ET: This story has been updated with additional information and background.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
fairness meter
To Rate This Article
About the writer
Natalie Venegas is a Weekend Reporter at Newsweek based in New York. Her focus is reporting on education, social justice ... Read more
To read how Newsweek uses AI as a newsroom tool, Click here.
