Posted on 03/20/2024 6:10:31 AM PDT by Red Badger
Hours after the Supreme Court gave Texas officials permission to jail and prosecute migrants suspected of crossing the U.S. southern border without authorization, an appeals court late Tuesday blocked the state from enforcing its controversial immigration law known as SB4.
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.
Passed by the Texas legislature last year, SB4 criminalizes unauthorized migration at the state level, making the act of entering the U.S. outside of a port of entry — already a federal offense — into a state crime. It also creates a state felony charge for illegal reentry.
SB4 empowers law enforcement officials in Texas, at the state and local level, to detain and prosecute migrants on these new criminal charges. It also grants state judges the power to require migrants to return to Mexico as an alternative to prosecution.
The Justice Department has said SB4 conflicts with federal law and the Constitution, noting that immigration enforcement, including arrests and deportations, have long been a federal responsibility. It has also argued the measure harms relations with the Mexican government, which has denounced SB4 as "anti-immigrant" and vowed to reject migrants returned by the state of Texas.
Texas Gov. Greg Abbott, who has positioned himself as the leading state critic of President Biden's border policies, has portrayed SB4 as a necessary measure to discourage migrants from crossing the Rio Grande, arguing the federal government has not done enough to deter illegal immigration.
Over the past three years, Texas has mounted the most aggressive state effort yet to challenge the federal government's power over immigration policy, busing tens of thousands of migrants to major, Democratic-led cities, assembling razor wire and buoys along stretches of the border to deter migrant crossings and filing multiple lawsuits against federal immigration programs.
Court Insanity ,LOL
So an appellate court can now over-rule the Supreme Court???
My, oh my! Have we ever got things backwards under Slo-Jo’s watch!
So an appellate court can now over-rule the Supreme Court???
My, oh my! Have we ever got things backwards under Slo-Jo’s watch!
I can’t believe SCOTUS is allowing the botton tier Feral fags push them around. I always thought they were Supreme. I guess not.
The Fifth Circuit is an INFERIOR court to the Supreme Court, and therefore they CANNOT countermand them.
Isn’t Ezra one of the punkass “Let’s lynch Trump!” Feral commie punks?
Texas just be Texas and git r dun.
It didn’t overrule the SCOTUS.
There was no remand.
Truly a LIB/Leftist Clown World! Hey, Supremes!!! Aren’t you supposed to be “supreme”. Just wait for the nitwit Hawaiian judge to get involved. This is a pathetic state of affairs.
Bear in mind that there are at least 25 State Governors who are behind the State of Texas concerning the border dispute with the Fed Gov.
Sigh. I hope that this gets resolved soon. Just having this law in effect would perhaps lessen illegal immigration into Texas, knowing that arrest, not just deportation or release into society, is a distinct possibility. It might simply redirect immigration to Arizona or California. Even getting into the U.S. through Arizona or California might help Texas, though. Regardless of where you come across the board, you could still be arrested in Texas if you decide to try to live in Texas.
The law that is in question is a State Law that mirrors the US Immigration Law.
But it allows Texas to enforce it.
Remand or no remand. They sure as heck took a dump on the SCOTUS. Time to defund all Feral courts. All of them.
Hawaii also overruled the supremes. This is what their refusal to do their job has created.
The case was decided in SC 6-3, but two of the judges in the majority gave them a loophole saying they would be interested in the opinion of the lower court on it. The lower court took the bait and challenged.
The federal government has the Article I, Section 8 power of naturalization.
States lost the positive power of immigration in 1808, but still retain the power to block it IMO.
The Supreme Ct. has not ruled in favor of the Texas law.
The Supreme Ct. has not ruled against the Texas law.
The Supreme Ct. has refused to get involved in the appeals process and has refused to issue any emergency stays. This has disappointed supporters of the Texas law, it has disappointed the Biden Admin who are against the Texas law.
The imbecile press has spun this as the Supreme Ct. ruling for or against the Texas law, and the headlines have been misleading (as usual).
The case isn’t even before the Supreme Ct. yet, so everyone unlax.
You can’t negatively change the salary of a federal judge once in the bench.
That’s expressly in the Constitution. Article 9 going by memory.
"No one F_cks with a Biden".
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