A Texas law called SB 4, which lets state officials arrest and detain people they think entered the country illegally, will stay blocked for now.
A federal appeals court made this decision on Tuesday. The court wants to determine whether the law breaks the US Constitution. Usually, immigration is a job for the federal government.
The court’s ruling came after some confusion. The Supreme Court allowed SB 4 to be enforced for a short time. But then the appeals court stopped it again.
In the main opinion written by Chief Judge Priscilla Richman, the appeals court said SB 4 seems to go against the Constitution.
However, Texas wants to fill a gap in immigration, which the court respects. Still, Texas can’t take over federal powers.
Judge Richman’s opinion was supported by Judge Irma Carrillo Ramirez, who President Biden picked.
Judge Andrew Oldham, picked by former President Trump, disagreed in a lengthy response. He wanted Texas to enforce the law, saying his colleagues’ decision is worrying.
Governor Greg Abbott signed the law in December. It makes illegal entry into Texas a state crime and lets state judges order deportation.
Earlier, a US District Judge blocked the law, saying it interferes with federal immigration control.
The court will hear arguments on April 3 about keeping the injunction. If they do, it would hurt the law badly.
Texas can appeal to the Supreme Court or ask the full 5th Circuit to let the law be enforced for now. But with a hearing next week, those options are unlikely.
The Biden administration, two immigrant groups, and El Paso County are against SB 4.
(Source: CNN)