Roughly five minutes after Texas' controversial Senate Bill 4 took effect, Supreme Court Justice Samuel Alito extended his administrative stays of the new immigration legislation indefinitely.
Backed by Governor Greg Abbott, S.B. 4 was approved by a special Texas legislative session in November, providing a green light for local and state law enforcement to arrest, detain and remove individuals suspected of entering the state illegally from other countries.
Earlier this month, Justice Samuel Alito, a conservative, delayed Texas' implementation of the laws until 5 p.m. March 18.
Context
S.B. 4 was initially scheduled to begin March 5, but one day prior to implementation, 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 "will not back down in our fight to protect our state—and our nation—from President [Joe] Biden's border crisis."
Judge David Ezra previously blocked S.B. 4 from advancing into law, following criticism from many civil rights groups.
"Surges in immigration do not constitute an 'invasion' within the meaning of the Constitution, nor is Texas engaging in war by enforcing S.B. 4," Ezra wrote in his 114-page ruling.
What We Know
Alito said in Monday's order that the court will again impose a temporary freeze on the lower court decision, adding that S.B. 4 would remain on hold "pending further order" of the court.
The ruling is now blocked indefinitely, giving all nine justices additional time to determine the next steps.
Views
In response to Monday's order, American Civil Liberties Union (ACLU) Texas said, "We're not backing down until this anti-immigrant law is gone once and for all."
The state branch of the ACLU previously referred to S.B. 4 as "one of the most extreme pieces of anti-immigrant legislation any state legislature has ever enacted."
If implemented, the ACLU said, people of color traveling through the state would face a higher risk of racial profiling and over-policing.
Ahead of the extended pause, Texas Lieutenant Governor Dan Patrick on Monday sent a message to the Supreme Court during an appearance on Fox News' Fox & Friends.
"To the Supreme Court justices who are watching Fox I'm sure this morning as they get up early, we are being attacked ... by land, by sea, by air, literally millions coming across the border, many armed, many criminals, terrorists," Patrick said.
Abbott, who continues defending the immigration legislation, previously said, "The President of the United States has a constitutional duty to enforce federal laws protecting States, including laws already on the books that mandate the detention of illegal immigrants."
Newsweek reached out to Abbott's office via email on Monday for comment.
What's Next?
The Supreme Court will continue reviewing S.B. 4 and the timeframe for a decision is unclear. The measure will remain at a standstill until a ruling is rendered.
Update 3/18/24, 6 p.m. ET: This article has been updated with additional information and background.
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Natalie Venegas is a Weekend Reporter at Newsweek based in New York. Her focus is reporting on education, social justice ... Read more
