WASHINGTON D.C., DC — The Supreme Court on Monday continued to block, for now, a Texas law that would give police broad powers to arrest migrants suspected of illegally entering the U.S. while the legal battle it sparked over immigration authority plays out.
A one-page order signed by Justice Samuel Alito indefinitely prevents Texas from enforcing a sweeping state immigration enforcement law that had been set to take effect this month. The language of the order strongly suggests the court will take additional action, but it is unclear when.
It marks the second time Alito has extended a pause on the law, known as Senate Bill 4, which the Justice Department has argued would step on the federal government's immigration powers. Monday’s order extending the stay came a few minutes after a 5 p.m. deadline the court had set for itself, creating momentary confusion about the measure’s status.
Opponents have called the law the most dramatic attempt by a state to police immigration since an Arizona law more than a decade ago, portions of which were struck down by the Supreme Court.
The office of Republican Texas Attorney General Ken Paxton has said the state’s law mirrored federal law and “was adopted to address the ongoing crisis at the southern border, which hurts Texans more than anyone else.”
The Biden administration sued to strike down the measure, arguing it would usurp core federal authority on immigration, hurt international relations and create chaos in administering immigration law. Civil rights groups have argued the law could lead to civil rights violations and racial profiling.
A federal judge in Texas struck down the law in late February, but the 5th Circuit Court of Appeals quickly stayed that ruling, leading the federal government to appeal to the Supreme Court.
The Supreme Court in 2012 struck down key parts of an Arizona law that would have allowed police to arrest people for federal immigration violations, often referred to by opponents as the “show me your papers” bill. The divided high court found then that the impasse in Washington over immigration reform did not justify state intrusion.
The battle over the Texas immigration law is one of multiple legal disputes between Texas officials and the Biden administration over how far the state can go to patrol the Texas-Mexico border and prevent illegal border crossings.
Several Republican governors have backed Gov. Greg Abbott’s efforts, saying the federal government is not doing enough to enforce existing immigration laws.
The case is unfolding as record numbers of asylum seekers arrive in the United States and immigration emerges as a central issue in the 2024 election.
The impact in San Antonio
Antonio Fernandez, CEO of Catholic Charities, which operates San Antonio's Migrant Resource Center, said migrants are afraid, adding that a lack of clarity for families has been very hard for them.
"Regardless of whether it happens or not, we need to educate the people," Fernandez said.
No matter what your status, immigration attorney Carlos Casteñeda says, people have rights.
"Regardless of one's legal status, they have the right to remain silent," Casteñeda said.
With the exception of their name, date of birth and address, legally they do not have to answer any questions and have the right to an attorney, Casteñeda said. He said he feels the bill is a clear violation of federal law.
Law enforcement has also prepared for whether or not this bill will go into effect. The San Antonio Police Department said it would "comply with the law" while adding it didn't expect "substantive changes" to current policy.
The Bexar County Sheriff's Office, meanwhile, has decided to install a new policy requiring officers to write a report every time they make an arrest if SB 4 were to be enacted as law.
"Law enforcement officers... we don't have the authority to arrest somebody solely for immigration issues," Sheriff Javier Salazar said.
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