Supreme Court Allows Texas Immigration Law, Authorizing Arrest of Illegal Immigrants

The Supreme Court of the United States has allowed a Texas immigration law that allows the state government to arrest or detain illegal immigrants. As the issue of immigrants is expected to be significant in the upcoming U.S. presidential election in November, controversy is likely to grow over the enforcement authority of the law related to immigrants.

According to Reuters and other outlets, the United States Supreme Court announced on the 19th (local time) that it will lift the execution suspension order of the Texas Immigration Law SB4 (Senate Bill 4). Six of the nine associate justices of the United States Supreme Court agreed, allowing the bill to take effect. Currently, the United States Supreme Court is composed of a 6 to 3 split between conservatives and liberals.

The bill enacted by Texas allows state judicial authorities to arrest or detain immigrants who have illegally crossed the border and even allows Texas courts to issue deportation orders. Republican Governor Greg Abbott signed the bill in December last year, preparing for the implementation of the system. However, the Biden administration filed a lawsuit in the Federal Judiciary of the United States in January, arguing that Texas state law was against the constitution by infringing on the authority of the Federal Government of the United States. According to CNN, immigration enforcement is generally considered a function of the United States Federal Government. The Texas side was not deterred, with Republicans arguing that the state government must step in due to the federal government’s lack of will and ability.

Meanwhile, in the first instance, a federal judge in Austin accepted the Biden administration’s argument and suspended the effect of the law. However, the 5th Court of Appeal for the Federal Circuit, which heard the second trial, reversed the first trial’s provisional disposition decision before the judgment on the merits, allowing the law to be enacted for the time being. It also announced that the bill would take effect from March 10 unless the United States Supreme Court takes action. The Biden administration urgently requested to stop the law’s enactment again, but the court refused this time.

However, foreign media reported that the court did not give any particular explanation for this decision. Among the three who expressed opposition, Justice Sonia Sotomayor and Justice Ketanji Brown Jackson said about this law, “It causes more confusion and crisis in immigration enforcement.”

This decision is expected to confuse inevitably. The Biden administration immediately criticized it. Karine Jean-Pierre, the White House press secretary, said, “We fundamentally disagree with the decision of the Supreme Court of the United States on the Texas border issue.” She added, “SB4 not only makes Texas communities less safe but also burdens law enforcement agencies and will only increase confusion on the southern border.”

There are also predictions that other state governments will push for immigration bills. According to The New York Times (NYT), a bill to strengthen immigrant regulations is currently being promoted in the State of Iowa Congress. The bill treats entering Iowa as a crime if there is a past deportation record or a refusal to enter the United States. Although this bill is more restrictive than Texas, it raises the prospect that movements to pass their immigration laws will appear in areas where Republicans have gained power.