The US Supreme Court has permitted Texas to enforce a controversial immigration law, SB4, which allows state and local police to arrest and prosecute individuals suspected of illegally crossing the US-Mexico border. The decision, issued on Tuesday, temporarily lifts a block on the law while a lower appeals court reviews its legality.
The Biden administration has challenged SB4, arguing it is unconstitutional because immigration enforcement is a federal responsibility. Historically, courts have ruled that only the federal government can enforce immigration laws, not individual states. The law imposes penalties ranging from misdemeanours to felonies, with fines up to $2,000 (£1,570) and potential imprisonment of up to 20 years for repeat offenders.
White House press secretary Karine Jean-Pierre criticised the decision, stating that SB4 would make communities less safe, burden law enforcement, and create chaos at the border. Texas Attorney General Ken Paxton, however, hailed the ruling as a "huge win" against the Biden administration and the American Civil Liberties Union (ACLU), which has also opposed the law.
The ACLU vowed to continue fighting the law, while Mexico's top diplomat Roberto Velasco Álvarez said Mexico would not accept migrants sent back by Texas. The three liberal justices on the Supreme Court dissented, with Justice Sonia Sotomayor warning the law could disrupt federal-state balance and harm foreign relations.
The case now returns to the Fifth Circuit Court of Appeals, which will hear arguments on Wednesday. The law, signed in December, was initially set to take effect on 5 March. A Gallup poll in February found that nearly one-third of Americans consider immigration the country's biggest problem.
