A federal judge granted a preliminary injunction on Thursday, February 28, 2024, preventing Texas’ SB4 bill. Although a temporary measure, the injunction prevents one of the strictest immigration bills in the country from going into effect in Texas on March 5, 2024.
According to reports, SB4 looks to arm state and local law enforcement with too much power. It would authorize them to arrest migrants they suspect crossed into the state illegally. Furthermore, it would give judges the power to order migrants’ deportation to Mexico regardless of their country of origin.
Following the court’s ruling, Texas appealed the decision, attacking the Biden administration. “We have appealed this incorrect decision,” Attorney General Ken Paxton said in a statement. He added that Texas has a right to defend itself from “legions of illegal aliens crossing into our State.”
Also, Paxton noted that the influx was “a consequence of the Biden Administration’s deliberate policy choices.” Similarly, Republican Gov. Greg Abbott knocked the Biden administration, criticizing it for failing to secure the border.
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However, President Joe Biden has argued that Congress needs to pass the bipartisan immigration deal. According to reports, the bill includes changes to asylum protocols and funding to bolster immigration review. Also, it aims to hire more Border Patrol agents and new emergency powers for officials.
“We will not back down in our fight to protect our state, and our nation, from President Biden’s border crisis,” Abbott said. “The President of the United States has a constitutional duty to enforce federal laws protecting States,” he added. “Including laws already on the books that mandate the detention of illegal immigrants.”
“Texas has the right to defend itself because of President Biden’s ongoing failure,” Abbot continued. “To fulfill his duty to protect our state from the invasion at our southern border.” He added that even the district judge acknowledged that the case would eventually go to the US Supreme Court.
POLL—Should the U.S. Government Create a Path to Citizenship for Undocumented Immigrants?
U.S. District Judge David Alan Ezra wrote in the ruling that the effects of SB4 will affect the United States. “In the final analysis, it is clear that the Plaintiffs, particularly the United States,” Ezra wrote. “Would suffer irreparable harm were SB4 to take effect, especially where Texas has Operation Lone Star in full force.”
Ezra continued, “The balance of equities unequivocally weighs in favor of denying the stay pending appeal.” According to court records, the American Civil Liberties Union of Texas and the Texas Civil Rights Project filed the lawsuit in December 2023.
Furthermore, Ezra questioned SB4’s constitutionality, citing in the 114-page ruling the Supremacy Clause and previous Supreme Court rulings. He said the rulings “affirm that states may not exercise immigration enforcement power except as authorized by the federal government.”
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In addition, he stated that the law would conflict with certain aspects of federal immigration law. Ezra also noted that the bill would harm the United States’ foreign relations and treaty obligations. Following the court’s decision, the ACLU of Texas took to social media.
“This is a win for Texas values, human rights, and the Constitution,” the group wrote. “The State could try to appeal today’s decision, but we’re not backing down.” The statement further highlighted the ills of SB4 and how it will promote racial profiling.
“#SB4 would let police arrest people over suspicions about immigration status,” the statement continued. “Putting communities of color at greater risk of racial profiling.” The group concluded, “We aim to strike down this law for good.”
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