Texas law enforcement officers are now allowed to arrest people they suspect have entered the US illegally.
The move comes after the Supreme Court removed a block on a controversial new state law giving the police extra powers to enforce immigration measures.
The law, called Senate Bill 4, is still being challenged in court by the Biden administration and immigrant rights groups. They claim immigration is solely the domain of the federal government, rather than individual states.
On Monday a stay on the law was announced by the court, putting it on hold, which was overruled on Tuesday, meaning the law can go into effect until April 3, when the case will be next be heard in the Fifth Circuit Court of Appeals.
Texas Attorney General Ken Paxton called the decision a “huge win.”
He wrote on X: “Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court. Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court.”
Texas Governor Greg Abbott signed the law last December, saying the law was needed due to Biden’s failure to enforce federal laws to curb entry or re-entry to the US.
He told a Dec. 18 press conference “Biden’s deliberate inaction has left Texas to fend for itself.”
Abbott has repeatedly argued Biden’s “reckless open border policies” have created the crisis and the administration is not effectively enforcing immigration laws on the border, allowing thousands of people into the country daily.
In December 2023, Customs and Border protection recorded a record number of encounters at the border, with over 300,000 attempting to cross into the US for the first time, beating previous records set months earlier.
Fiscal year 2023 also saw a record number of encounters with 2.4 million people apprehended at the southern border, the third record setting year in a row. Migrant holding facilities are frequently overwhelmed and immigration courts now have a backlog of over three million cases.
The SB4 law makes illegal entry to Texas a state crime, with penalties ranging from 180 days in jail to 20 years in prison. Those caught will be essentially handed a choice of a prison sentence or voluntary removal from the country.
The law was set to go into effect in March but was struck down by a federal judge. An appeal was then upheld, meaning the Department of Justice and civil rights groups had to appeal to the Supreme Court.
All six of the court’s conservative justices agreed with the decision to allow the law to take effect Tuesday. Two Justices, Amy Coney Barrett and Brett Kavanaugh said the Fifth Court of Appeals should first judge if the matter should be blocked.
The Supreme Court’s order was met with dissent from liberal justices including Justice Sonia Sotomayor.
Sotomayor said allowing Texas to enforce the law “invites further chaos and crisis” and “upends the federal-state balance of power that has existed for over a century”.
She also added the law is likely to “disrupt sensitive foreign relations.”
Aside from SB4, Texas has pursued a range of measures to deter people who cross illegally under Operation Lone Star.
These have included deploying National Guard troops to the border, blocking migrants with razor wire and banks of shipping crates and installing a floating barrier over a stretch of the Rio Grande to deter crossers.
With Post wires