AUSTIN – On March 19, the U.S. Supreme Court denied emergency motions filed by the Biden Administration seeking to block enforcement of Texas’ recent immigration law, SB 4. Later that night, the U.S. Court of Appeals for the Fifth Circuit stepped in and blocked the bill, setting arguments for Wednesday morning.
SB 4 enables Texas law enforcement to detain undocumented workers and for judges to order them to return to the country from where they entered. By design, SB 4 was crafted to not conflict with federal law.
The order vacated the administrative stay previously issued by the Supreme Court, temporarily allowing Texas to enforce the law. Hours later, however, the Fifth Circuit blocked the bill.
Gov. Greg Abbott and Attorney General Ken Paxton praised the Supreme Court's decision, while other groups warned of the consequences.
Groups such as RAICES, Texas’s largest immigration legal services provider, maintain that SB 4 gives local and state enforcement officials in Texas unchecked power, leading to the detention of anyone they suspect of being in the U.S. without legal status — without due process.
The Biden administration argues that immigration law is the responsibility of the federal government.