In El Paso, Texas, as the influx of illegal immigrants surges at the southern border, the Biden administration finds itself entangled in a lengthy legal dispute with Governor Greg Abbott over a contentious anti-illegal immigration measure known as S.B. 4.
S.B. 4, or Senate Bill 4, was enacted by the Texas legislature and endorsed by Governor Abbott in December. This legislation empowers law enforcement to apprehend individuals unlawfully present in the country by criminalizing illegal entry or re-entry into the United States at the state level. It grants state judges the authority to order the deportation of illegal immigrants.
Enacted during a period marked by a historic surge in border encounters, with over 300,000 migrants arriving at the southern border, S.B. 4 immediately sparked controversy. The Biden administration swiftly challenged the law in January, arguing that it encroaches upon federal jurisdiction over immigration enforcement.
“The efforts of Texas, via SB 4, impinge on the federal government’s exclusive authority to regulate the entry and expulsion of noncitizens, impede immigration operations and proceedings in the United States, and disrupt U.S. foreign relations,” stated the Department of Justice in its January lawsuit.
Biden (Credits: CNN)
However, Texas contends that the law is essential due to the Biden administration’s perceived mishandling of the border crisis.
“The President of the United States has a constitutional obligation to enforce federal laws that protect states, including existing laws mandating the detention of illegal immigrants,” Governor Abbott asserted in February. “Texas retains the right to defend itself because of President Biden’s continued failure to fulfill his duty to safeguard our state from the invasion at our southern border.”
Legal proceedings ensued, with the law initially blocked and subsequently referred to the 5th Circuit Court of Appeals, which issued a temporary suspension. The case then reached the Supreme Court, which remanded it back to the 5th Circuit. However, the 5th Circuit promptly reinstated the hold on the law pending further hearings.
The next steps hinge on the court’s forthcoming ruling, the timing of which remains uncertain. It is likely that one party will seek Supreme Court intervention following the ruling, as indicated by Justice Amy Coney Barrett.
Meanwhile, Texas asserts its continued authority to apprehend illegal border crossers, even with S.B. 4 suspended. This was exemplified by an incident where over 100 migrants breached the Texas National Guardsmen’s blockade on Thursday.
“Even in the absence of S.B. 4, Texas possesses the legal mandate to detain and arrest individuals crossing our border,” Governor Abbott reaffirmed. “We will persist in utilizing our arrest powers to apprehend those illegally entering our state.” He noted that Texas’ Department of Public Safety has already apprehended over 40,000 individuals for illegal crossings.
