- Composer: Bernd Debsmann & Max Mazza & Mattea Bubaro
- BBC News
A federal appeals court has frozen Texas' controversial immigration law, one of the toughest laws of its kind enacted by a U.S. state in modern times.
The ruling came just hours after the Supreme Court allowed the measure, SB4, to go into effect pending an appeal.
The bill would allow Texas authorities to detain and prosecute unauthorized immigrants.
Mexico, which shares a border with Texas, has announced it will refuse to accept migrants who have been deported by authorities.
The number of migrants arriving at the U.S. southern border is at an all-time high under President Joe Biden's administration, making it a top concern among U.S. voters ahead of November's presidential election.
Texas' SB4 law was scheduled to go into effect on March 5, but the Biden administration has challenged it as unconstitutional.
The decision to freeze the law is the latest in a series of judicial rulings that will determine its fate.
If it takes effect again, it would mark a major change in the way immigration enforcement is handled, as courts have previously ruled that only the federal government, not individual U.S. states, can enforce immigration laws.
Although illegally crossing the U.S. border is already a federal crime, violations are typically handled as civil cases by the immigration court system.
Under SB4, the penalty for illegally entering or re-entering Texas is up to 20 years in prison.
It is unclear whether any migrants were detained during the few hours the law was briefly implemented.
“Mexico categorically rejects any measures that would allow state or local authorities to carry out immigration controls or to arrest and deport nationals or foreign nationals to Mexican territory,” Mexico's Ministry of Foreign Affairs said in a statement on Tuesday. Ta.
legal correspondence
The ruling is the latest in a series of repeated court rulings over whether SB4 can proceed.
The Biden administration sued Texas in January, arguing that immigration is a federal issue.
In February, a district court ruled that SB4 was illegal and blocked it from taking effect over concerns that it would lead to U.S. states enacting their own immigration laws.
Shortly thereafter, the New Orleans-based U.S. Court of Appeals for the Fifth Circuit, the federal appeals court that covers the area, ruled that unless the Supreme Court intervened, the law could go into effect once it considers the appeal. said.
The Biden administration then filed an emergency request with the Supreme Court to uphold the district court's freeze while the case proceeded.
Meanwhile, Supreme Court Justice Samuel Alito put the law on hold to give the court time to decide how to proceed.
Earlier Tuesday, the Supreme Court allowed the measure to go into effect while a lower federal appeals court considered its legality.
Then, in a brief order late Tuesday night, a three-judge panel of the Fifth Circuit voted to freeze the ruling pending an appeal hearing.
A court date is scheduled for Wednesday.
Historically, the federal government has enacted immigration laws and regulations, even though the U.S. Constitution does not explicitly give it that authority.
The federal government also negotiates treaties and agreements with other countries.
Republicans often criticize Democratic President Biden's handling of the U.S.-Mexico border, which polls show is the top concern for voters heading into November's White House election.
A Gallup poll released in February found that nearly a third of Americans believe immigration is the biggest problem facing the country, more than government, the economy or inflation.