The U.S. Supreme Court has ruled that Senate Bill 4, which empowers Texas state and local law enforcement to act in immigration matters, can be enforced while its legality is being determined in the Fifth Circuit Court of Appeals.
The decision has elicited contrasting responses from different quarters. While the White House views the ruling as sowing chaos and confusion at the southern border, Governor Greg Abbott sees it as a positive development. The ruling has sparked swift reactions from both supporters and opponents of the law.
Republican State Senator Paul Bettencourt, one of the co-authors of the bill, clarified that it does not entail a ‘papers’ type of law but rather enables law enforcement to take action if they observe illegal crossings at the border between port points of entry.
On the other hand, Democratic State Representative Armando Walle, who vehemently opposed the legislation during the last legislative session, views the ruling as an unconstitutional attack on democracy. He expressed concerns about the potential implementation of patchwork immigration laws in various states and the message it sends to U.S. citizens of color, particularly in Texas.
The Texas Department of Public Safety has indicated its intention to enforce the law between ports of entry, primarily along the border. However, it remains to be seen whether law enforcement agencies away from the border will attempt to enforce it.
Constitutional law expert Josh Blackman noted that while the Supreme Court’s decision allows the law to go into effect temporarily, it does not provide insight into how the court may ultimately rule on the matter. Justices Kavanaugh and Barrett hinted that their stance might evolve as the case progresses, suggesting that the current victory for Texas could be temporary. The ruling does not indicate the direction the courts may take when the case returns, possibly later this month.
