The US Supreme Court has authorized Texas to implement its stringent immigration law, SB4, empowering local and state law enforcement to arrest and initiate legal actions against immigrants crossing into the US from Mexico.
The Supreme Court decision marks a major win for Texas, despite President Joe Biden’s assertion that the law is unconstitutional, and represents a departure from the traditional federal oversight of immigration enforcement, wherein federal entities are typically involved.
SB4’s journey through the legislature has been fraught with challenges, with Justice Samuel Alito previously blocking its enforcement on three occasions. Nonetheless, the Supreme Court’s recent ruling allows SB4 to proceed, aligning with decisions from lower federal courts.
Texas Attorney General Ken Paxton hailed the ruling as a victory against federal overreach, celebrating the protection of state rights. On the other hand, the ACLU, having previously contested the law, vows to continue its opposition, aiming for a declaration of its unconstitutionality.
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson expressed dissent, highlighting concerns over the law’s potential to significantly alter federal-state dynamics and reduce migrant protections.
SB4 permits law enforcement to detain and question individuals suspected of illegal border crossings, which can lead to potential misdemeanours, imprisonment, and fines. The law’s contentious aspects have raised alarms regarding jurisdictional conflicts and tensions with Mexico.