A severe Texas law that allows migrants who have entered the United States illegally to be detained in its territory was authorized to come into force this Tuesday, March 19, after a surprising decision by the plenary session of the Supreme Court.
One day after being blocked indefinitely by one of its judges, the highest US court, with a conservative majority, annulled that decision.
Thus, This law, known as SB4, comes into effect while a legal battle continues to unfold in the lower courts.
The rule allows Texas police and law enforcement to arrest people in the state who cannot prove they crossed the border legally.
These can be taken to state justice, where they could receive sentences of up to 20 years in prison or be expelled to Mexico, without considering whether this country can accept them.
Democratic President Joe Biden’s administration has strongly opposed this rule, arguing that it is the federal government that has authority over immigration matters, and not individual states.
Read more: “He is a man of bad character, a bad guy from bad territory”: López Obrador criticizes the governor of Texas for recent measures against migrants
The law, approved by the Texas Senate and signed into law by the governor of Texas, Republican Greg Abbott, was supposed to go into effect at the beginning of March but was initially blocked by a federal district judge, who stated that this rule “conflicts with key provisions of federal immigration law.
An appeals court later said that SB4 could take effect unless the Supreme Court rules otherwise. It was then that Chief Justice Samuel Alito blocked its entry into force.
However, the full court, which has a 6-3 conservative majority, lifted that order on Tuesday, March 19, while further arguments on this rule are heard in the appeals court.
BREAKING: 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.
— Greg Abbott (@GregAbbott_TX) March 19, 2024
The court’s three liberal justices dissented. “Today, the Court invites more chaos and crisis in immigration law enforcement,” wrote Justice Sonia Sotomayor.
Read also: Texas: the controversial laws signed by Governor Abbott that would allow police to detain and expel migrants to Mexico
“Texas passed a law that directly regulates the entry and removal of noncitizens and explicitly instructs its state courts to ignore any ongoing federal immigration proceedings,” the justice said.
Republicans blame Biden for the recent record flow of immigrants into the United States, while The White House accuses Republicans of deliberately sabotaging a bipartisan attempt to find a solution.
Governor Abbott, an ally of Republican presidential candidate Donald Trump, has denounced an “invasion” along the southern border with Mexico.
If there are no surprises, Trump and Biden must face each other in November in the presidential elections and the immigration issue is key to obtaining popular support.
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