- Written by Bernd Debsmann Jr.
- BBC News, Washington
image source, Getty Images
Polls show Americans are increasingly concerned about immigration and the treatment of the Mexican border.
The U.S. Supreme Court has again blocked enforcement of a Texas immigration law that President Joe Biden's administration has argued is unconstitutional.
SB4 would allow local and state police to arrest people who illegally cross the border from Mexico.
This would be the toughest immigration enforcement of any U.S. state.
At least 6.3 million immigrants have entered the United States illegally since Biden took office in 2021, a record high.
In a ruling Monday, the Supreme Court ordered an administrative stay. This means SB4 cannot be enforced pending an emergency appeal by the Biden administration or other challengers.
Justice Samuel Alito's brief order suggested the court could take further action. This is the third time a conservative judge has suspended SB4.
SB4 would give local and state police officers the power to stop and arrest anyone suspected of crossing the border illegally, except in schools, medical facilities, and places of worship.
Punishments range from misdemeanors to felonies and can include imprisonment or fines of up to $2,000 (£1,570).
Penalties for illegally reentering Texas can be up to 20 years in prison, depending on immigration and criminal history.
SB4 was signed by Texas Governor Greg Abbott in December. It was originally scheduled to go into effect on March 5, but was canceled multiple times as litigation continued.
Governor Abbott, a Republican with close ties to former President Donald Trump, has repeatedly argued that SB 4 is necessary to reduce immigration and that the Biden administration is not doing enough to secure the border.
The law was challenged in court by the American Civil Liberties Union and the U.S. Department of Justice, arguing that SB4 violates federal authority to keep America's borders secure.
In late February, a federal judge in Texas temporarily blocked the law, saying it threatened “the fundamental idea that the United States must use one voice to regulate immigration.”
But the New Orleans-based 5th Circuit Court of Appeals blocked that ruling, prompting the Biden administration to file an emergency request with the nation's highest court.
On Monday, before the court's decision was handed down, Texas Lieutenant Governor Dan Patrick said in an interview with Fox News that the law was necessary because Texas is “under attack” by immigrants.
“By land, by sea, by air. There are literally millions of people coming across the border,” he said. He also described immigrants as a “hostile group” and “essentially an organized militia.”
The Texas House Mexican American Congressional Caucus welcomed Monday's ruling.
“Millions of mixed-status Texan families can breathe a sigh of relief,” the paper said.
Immigration and the U.S.-Mexico border are growing concerns for U.S. voters ahead of the November 2024 election, according to a poll.
A Gallup poll released at the end of February found that nearly 30% of Americans believe immigration is the most important issue facing the country, significantly higher than government, the economy and inflation.
