AUSTIN (Nexstar) — An appeals court ordered that a Texas law that gives state police the ability to arrest and effectively deport migrants will be allowed to take effect in the coming days, unless the U.S. Supreme Court intervenes.
On Saturday, the 5th U.S. Circuit Court of Appeals overturned a lower court’s ruling that temporarily blocked Senate Bill 4 from going into effect.
U.S. District Judge David Ezra’s issued a preliminary injunction halting the law last Thursday, saying it violates the Constitution’s supremacy clause and is in conflict with the nation’s immigration laws.
The appeals court did not give explanation for its decision and set seven days before its order takes effect, giving the Department of Justice time to appeal. If the Supreme Court does not take up the case within the week, SB 4 will take effect while the legal battle over its constitutionality continues.
Gov. Greg Abbott signed SB 4 in December, touting it as a historic measure to empower Texas state and local law enforcement to control immigration — a power currently only reserved for federal authorities.
The law creates a new state crime for crossing into Texas outside of a port of entry, punishable as a Class B misdemeanor. Repeat offenders could face a state jail felony, and state magistrate judges may order them to return to Mexico.
Opponents have argued the bill violates the supremacy clause under the U.S. Constitution, which gives the federal government ultimate authority in enforcing immigration laws, which has been reinforced by a 2012 landmark U.S. Supreme Court ruling in Arizona v. United States. After Arizona passed a similar law to SB 4, the High Court ruled that it is not within state and local police officers’ powers to arrest someone based on their immigration status.
Rep. David Spiller, one of the bill’s authors, said he was “pleased” with the 5th Circuit’s ruling in a statement to Nexstar.
“I believe SB 4 is completely constitutional because it is not in conflict with the precedent set in the Arizona v. United States case, it’s not preempted by existing federal immigration law, it’s not in conflict with existing federal immigration law, and Texas has the absolute constitutional right, authority and ability to protect and secure its borders and its sovereignty,” Spiller said.