Texas and its Republican Governor Greg Abbot are in a massive legal battle that could have lasting implications on the way immigration law is enforced in America going into the future. The Supreme Court recently blocked Texas’ new immigration law from taking effect until at least March 13.
The law, titled SB4, would’ve allowed state and local law enforcement like Texas State Police and the Texas National Guard to arrest and detain illegal aliens that are suspected of entering the country illegally. It doesn’t stop there, the law would also allow judges in the state to process and issue deportations of illegal aliens.
Justice Samuel Alito put the pause to the law in place as the 5th Circuit Court of Appeals Justice. The move has no indication of which way the Justices are leaning on the case, but rather just gives them more time to process the case and understand the constitutionality of Texas’ new law.
The move came hours after President Biden’s Justice Department filed a motion to pause the law. “Beyond its disruptive foreign relations effects, SB4 would create chaos in the United States’ efforts to administer federal immigration laws in Texas,” the Justice Department said in its on March 4.
The Governor isn’t going down without a fight. Through all of the legal battles going on in the state, Gov. Greg Abbott, maintains that the state “has the right to defend itself” from the “invasion at our southern border.” “Texas will immediately appeal this decision, and we will not back down in our fight to protect our state – and our nation – from President Biden’s border crisis,” Abbott said to reporters.
Texas isn’t the first state to try and implement a state immigration law, although it is primarily a federal responsibility. Just last month, Democrat Governor of Arizona Katie Hobbs vetoed a border bill that passed through the Arizona House and Senate that would similarly allow state law enforcement to arrest illegal aliens in the Grand Canyon State.
Texas has been facing massive surges in immigration since Biden removed many of Trump’s immigration policies on day 1 such as Title 42, and many directly blame him for the border crisis occurring. The Department of Homeland Security recorded more than 2.4 million encounters at the Southwest border and more than 3.2 million encounters nationwide in the 2023 fiscal year, marking record numbers. Not only did migrants looking for work, better lives, or asylum cross, but 169 individuals on the terrorist watchlist were apprehended attempting to enter the country illegally. Those were only the ones that were caught, at least 1.7 million known gotaways have evaded apprehension since 2021.
This issue may have severe implications on the 2024 rematch between President Trump and President Biden in November. According to a Gallup poll, “57% of Republicans, up from 37% in January, say immigration is the top problem. Independents show a modest uptick, from 16% in January to 22%”. Democrats don’t take the crisis nearly as serious, with only around 9-10% naming immigration as a top issue.
NBC News surveyed 1,000 participants in February about what party they think will handle election issues better. 50% of registered voters surveyed said the Republican Party is better at dealing with border security, compared to 20% of voters who picked the Democratic Party.
Both Trump and Biden visited the border recently. They visited on the same day but Trump visited the far more dangerous area in Eagle Pass, TX. Biden opted for a much safer area that doesn’t see many illegal aliens. “The United States is being overrun by the Biden migrant crime,” Trump said in Eagle Pass, adding that Biden has “the blood of countless innocent victims” on his hands. As Joe Biden attempts to pass his border bill, opposition is arising from Republicans who say that the bill doesn’t do enough and only codifies the illegal entry of migrants into the U.S., among other things; the American people will be watching.
