Just hours after the Supreme Court allowed a Texas immigration law allowing police to arrest migrants suspected of illegal entry to take effect, a federal appeals court issued another hold on the bill.
The New Orleans-based 5th U.S. Circuit Court of Appeals let an earlier injunction stand, preventing enforcement.
The appeals court scheduled a hearing for Wednesday morning.
“And on the night before hearing oral arguments the appeals court issued an order to let a lower court’s earlier injunction stopping Senate Bill 4 stand,” The Texas Tribune reports.
UPDATE: Appellate court blocks Texas law criminalizing illegal border crossings hours after Supreme Court allowed it to take effect
The flip flop continues on SB 4https://t.co/3dW11EzPLU https://t.co/8EiaGAks9M
— Charlie Kirk (@charliekirk11) March 20, 2024
From The Texas Tribune:
The Supreme Court earlier Tuesday let SB 4 go into effect but stopped short of ruling on the law’s constitutionality, which has been challenged by the Biden administration.
Steve Vladeck, a University of Texas at Austin law professor, said the back-and-forth is “indefensibly chaotic.”
“Even if that means SB 4 remains paused indefinitely, hopefully everyone can agree that this kind of judicial whiplash is bad for everyone,” he said.
SB 4 seeks to make illegally crossing the border a Class B misdemeanor, carrying a punishment of up to six months in jail. Repeat offenders could face a second-degree felony with a punishment of two to 20 years in prison.
The law also requires state judges to order migrants returned to Mexico if they are convicted; local law enforcement would be responsible for transporting migrants to the border. A judge could drop the charges if a migrant agrees to return to Mexico voluntarily.
The Mexican government criticized the legislation, with the Ministry of Foreign Affairs saying it would not accept migrants ‘under any circumstances.’
Mexico Says It Will Not Accept Migrants From Texas ‘Under Any Circumstances’
"On behalf of the Government of Mexico, the Ministry of Foreign Affairs condemns the entry into force of Texas law SB4, which seeks to stop the flow of migrants by criminalizing them, and encouraging the separation of families, discrimination and racial profiling that violate the human rights of the migrant community," a press release from Mexico's Foreign Ministry read.
"Mexico categorically rejects any measure that allows state or local authorities to exercise immigration control, and to arrest and return nationals or foreigners to Mexican territory," it continued.
"Mexico recognizes the importance of a uniform migration policy and the bilateral efforts with the United States to ensure that migration is safe, orderly and respectful of human rights, and is not affected by state or local legislative decisions. In this regard, Mexico will not accept, under any circumstances, repatriations by the State of Texas," it added.
Here we go. Mexico’s foreign ministry says it won’t “under any circumstances” accept non-Mexican asylum seekers deported by Texas under SB4.
The Supreme Court seeing the effects of its complicity immediately. pic.twitter.com/ugBHOYWn11
— Sawyer Hackett (@SawyerHackett) March 20, 2024
CBS News reports:
In a late-night order, a 5th Circuit Court of Appeals panel dissolved a pause that it issued in early March to suspend a lower court ruling that found SB4 to be unconstitutional.
The order reinstated a ruling from U.S. District Court Judge David Ezra, who concluded in late February that SB4 conflicted with federal immigration laws and the Constitution.
Earlier on Tuesday, the Supreme Court denied a request from the Justice Department to void the initial 5th Circuit order that had paused Ezra's ruling. The high court allowed SB4 to take effect for several hours, though it's unclear whether Texas arrested any migrants under the law during that short time span.
Ezra's order blocking SB4 will stay in place until the 5th Circuit rules on Texas' request to allow the law to be enforced while the appeals court considers its legality. A virtual hearing on that question is scheduled for Wednesday morning.
TODAY provided additional coverage: