SCOTUS Allows Texas to Enforce Immigration Law

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Facts

  • The US Supreme Court on Tuesday sided with Texas, allowing the state to enforce an immigration law that permits officials to detain and prosecute migrants who illegally crossed the Southern border. The decision denies a request by the Biden admin. to block the law.1
  • This comes after, on Monday, SCOTUS extended its temporary pause on SB4, which was slated to take effect on March 10. Justice Samuel Alito had intervened three times to freeze a lower court ruling that said Texas could begin enforcing its law if SCOTUS declined to intervene.2
  • Justice Samuel Alito didn't permanently dismiss Senate Bill 4 (SB-4), passed by Texas Republican Gov. Greg Abbott in December. SB-4 has faced several appeals, including from the Biden administration.3
  • The court's six conservative justices agreed with Abbott's claims that his state can enforce immigration laws that the federal government refuses to. Meanwhile, the three liberal justices wrote dissents claiming that the decision only creates "crisis in immigration enforcement."4
  • SB-4 is an example of ongoing battles on multiple fronts between Texas officials and the Biden administration over the patrolling of the US-Mexico border in the state to curb illegal immigration.5
  • Under the bill, Illegal migrants could face imprisonment or fines of up to $2k, while those who re-enter Texas illegally could face up to 20 years in prison. It also comes as illegal immigration takes center stage in US politics, with 30% of Americans calling it the most important issue facing the country.6

Sources: 1CBS, 2NBC, 3CNN, 4El Paso Times, 5The Guardian and 6BBC News.

Narratives

  • Democratic narrative, as provided by Vox. It's a no-brainer that only the federal government has the powers over immigration policy and it's illogical for Texas's Republican government to upend this. Thinking that SCOTUS would upend federal responsibilities was a miscalculation by the Lone Star State.
  • Republican narrative, as provided by National Review. Border control and immigration are areas over which both the federal and state governments have responsibilities and powers. It's the Biden administration's failure to tackle the situation along the Southern border that's caused this situation — Texas has every right to assume immigration duties.

Predictions