A divided Supreme Court on Tuesday gave Texas permission to start enforcing a law that grants police extensive powers to apprehend individuals suspected of illegally crossing the border while a legal battle over the measure unfolds.
The conservative majority’s decision rejects an urgent request from the Biden administration, which argues the law violates federal authority and would cause disorder in immigration law.
Texas Gov Greg Abbott praised the decision — and the law — which enables any police officer in Texas to detain individuals for illegal entry and empowers judges to instruct them to leave the U.S.
The high court did not discuss the law's constitutionality. The case now goes back to an appellate court and could potentially return to the Supreme Court. In the meantime, it was not certain how soon Texas might begin arresting migrants under the law.
It was also uncertain where any migrants ordered to leave might go. The law stipulates for them to be taken to entry points along the U.S.-Mexico border, regardless of their nationality.
But Mexico's government stated Tuesday it would not, under any circumstances, accept the return of any migrants to its territory from the state of Texas. Mexico is not obligated to accept deportations of anyone except Mexican citizens.
It condemned the activation of the Texas law, stating it would criminalize migrants and result in the separation of families, discrimination, and racial profiling. The government said it would present its stance to the appeals court reviewing the law.
The Supreme Court's majority did not provide a detailed opinion in the case, as is typical in emergency appeals. However, the decision to allow the law to take effect prompted disagreements from liberal justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor.
“The Court gives a green light to a law that will disrupt the longstanding federal-state power balance and create chaos,” Sotomayor expressed in a forceful disagreement joined by Jackson.
The law, known as Senate Bill 4, is considered by opponents to be the most significant attempt by a state to regulate immigration since an Arizona law more than a decade ago, parts of which were invalidated by the Supreme Court. Critics have also suggested that the Texas law could result in civil rights violations and racial profiling.
White House press secretary Karine Jean-Pierre referred to the law as “harmful and unconstitutional” and stated it would overload law enforcement while causing confusion. She urged congressional Republicans to resolve the issue with a federal border security bill.
Mexican Foreign Affairs Secretary Alicia Bárcena conveyed via the social platform X on Tuesday that the law surprisingly went into effect on Tuesday. She affirmed that as Mexico’s chief diplomat, she had been clear: “the protection and support of our countrymen is the priority. I reject this measure that criminalizes and discriminates against people” who are migrating.
The advocacy group FWD.us stated that the Supreme Court's decision could motivate other states to enact laws infringing on federal authority. Andrea Flores, the organization’s vice president for Immigration Policy and Campaigns, remarked that the law will unfairly target Texas families, including American citizens, long-term undocumented residents waiting for federal relief, and recent migrants seeking legal protections.
Texas has argued it has the right to take action regarding the ongoing crisis at the southern border and stated that the Texas Department of Criminal Justice is ready to handle any increase in population due to the state law.
Skylor Hearn, executive director of the Sheriffs’ Association of Texas, mentioned that Texas sheriffs’ offices have been getting ready for the enactment of Senate Bill 4 since the state’s legislative session last year.
According to Hearn, the law permits police in counties bordering Mexico to make arrests if they witness someone illegally crossing the border. It could also be applied in other areas of Texas if someone is arrested for another violation and a fingerprint taken during jail booking connects them to a suspected re-entry violation. Hearn stated that it is unlikely to be used during a routine traffic stop.
Hearn expressed doubt that there will be any significant difference in the end result.
