The latest development in the border battle between Texas officials and the Biden administration

Kelsey Dallas
·3 min read
28
Migrants walk past razor wire fencing to be taken by the Border Patrol after crossing the Rio Grande river towards the U.S. in Eagle Pass, Texas, Sunday, May 22, 2022.
Migrants walk past razor wire fencing to be taken by the Border Patrol after crossing the Rio Grande river towards the U.S. in Eagle Pass, Texas, Sunday, May 22, 2022. | Dario Lopez-Mills

The Supreme Court on Tuesday ruled that a strict immigration law can take effect in Texas, less than 24 hours after Justice Samuel Alito extended a court order that had put it on hold.

The new ruling is a notable win for Texas officials, who are fighting with the Biden administration over who should have a say in border policy.

But it doesn’t resolve the lawsuit over SB4, which Texas Gov. Greg Abbott signed in December.

What is SB4 in Texas?

For months, the Biden administration has been fighting to block Texas’ new border security strategy, including SB4, which gives Texas police officers the power to arrest people suspected of illegally crossing the U.S.-Mexico border.

“Passed by the Texas legislature last year, SB4 criminalizes unauthorized migration at the state level, making the act of entering the U.S. outside of a port of entry — already a federal offense — into a state crime. It also creates a felony charge for illegal reentry at the state level,” CBS News reported.

In February, a federal district court ruled in the administration’s favor, putting SB4 on hold. But then the 5th U.S. Circuit Court of Appeals suspended that ruling, making it possible for the law to take effect.

The Biden administration asked the Supreme Court to intervene, and it did on March 4. Alito issued an order putting SB4 on hold until mid-March. He extended that hold on Monday and wrote that the hold would remain in place until the court took further action.

That action came sooner than most expected. Tuesday’s ruling will allow SB4 to take effect, at least temporarily.

The court’s three liberal justices dissented, arguing that SB4 should remain on hold.

Supreme Court’s razor wire ruling

The Biden administration says that SB4 unlawfully interferes with federal immigration law and makes the already complicated situation at the U.S.-Mexico border even more difficult to navigate, according to The Associated Press.

Texas officials, meanwhile, argue that the Biden administration has not done enough to block illegal immigration and that the state has a right to do what it can to decrease border crossings.

“SCOTUS temporarily halted enforcement of SB 4 but Texas is still using its authority to arrest illegal immigrants for criminal trespass and other violations of law. We continue building the wall, use (National Guard) to erect razor wire barriers to repel migrants & buoys remain in river,” Abbott tweeted on Monday.

In a separate tweet Tuesday, he celebrated the Supreme Court’s latest decision.

“We still have to have hearings in the 5th circuit federal court of appeals. But this is clearly a positive development,” Abbott said.

Monday’s order and Tuesday’s ruling came two months after the Supreme Court granted federal officials the authority to cut the razor wire put in place by border security officers working for the state.

Then, as in this month’s orders from Alito, the court overturned a 5th Circuit decision in favor of Texas, allowing federal officials to temporarily regain the upper hand along the U.S.-Mexico border, as the Deseret News previously reported.

The razor wire case and the case centered on Texas’ efforts to criminalize illegal immigration at the state level are ongoing. The Supreme Court could eventually agree to hear oral arguments and issue a more complete ruling in one or both cases.