Here I was all ready to with what I wanted to write about, only to have the judicial system throw me a curve. Yesterday, it looked like the Supreme Court was finally giving Texas the green light to deport illegal aliens.
The Supreme Court on Tuesday lifted its freeze of a Texas immigration law which allows state and local law enforcement to arrest illegal immigrants and empowers state judges to deport them.
The Court’s six conservative justices dismissed the Biden administration’s emergency appeal, allowing the law to remain in effect while the issue is adjudicated by lower courts. The majority did not explain its reasoning, as is typical, but Justice Amy Coney Barrett, joined by Justice Brett Kavanaugh, issued a concurring opinion explaining that Texas should be allowed to enforce its law until a lower court definitively strikes it down.
“If a decision does not issue soon,” Barrett wrote, “the applicants may return to this court.”
On X Tuesday, Texas Governor Abbott acknowledged that litigation over the law will continue in lower courts.
“BREAKING: In a 6-3 decision SCOTUS allows Texas to begin enforcing SB4 that allows the arrest of illegal immigrants,” he wrote. “We still have to have hearings in the 5th circuit federal court of appeals. But this is clearly a positive development.”
Texas Attorney General Ken Paxton celebrated the ruling on X.
“HUGE WIN: Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court,” he said. “Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court.”
In court papers, Paxton said the Texas law does not undermine federal law but complements it regarding immigration enforcement, which the federal government is supposed to be fulfilling. The Biden administration for many months has been flouting federal immigration law by paroling illegal immigrants into the U.S. instead of detaining them.
The Constitution “recognizes that Texas has the sovereign right to defend itself from violent transnational cartels that flood the state with fentanyl, weapons, and all manner of brutality,” Paxton said in filings, according to NBC News.
Texas is “the nation’s first-line defense against transnational violence and has been forced to deal with the deadly consequences of the federal government’s inability or unwillingness to protect the border,” he added.
Chalk one up for controlling the borders and the rule of law, right?
Fifth circuit: Not so fast!
A procedural victory for Texas allowing the state to enforce its new border security law while the Biden administration’s battle against the measure continues to work its way through the courts was short-lived.
While the U.S. Supreme Court moved to allow the law to go into effect on Tuesday afternoon, hours later the Fifth Circuit Court of Appeals put the law on hold yet again.
Senate Bill 4, which was set to go into effect earlier this month, creates a state crime for entering the country illegally, paving the way for state law enforcement to arrest illegal aliens.
After the federal government challenged the measure in a lawsuit, U.S. District Judge David Alan Ezra blocked the law from going into effect. It has since been sent to the Fifth Circuit Court of Appeals.
In the meantime, a procedural fight had taken place over whether the state could enforce the law awaiting final judgment in the case.
In a 6-3 decision on Tuesday, the Supreme Court denied the Biden administration’s request to halt enforcement of the law, allowing Texas to begin enforcement immediately.
At the time, Attorney General Ken Paxton called the decision a “huge win” for Texas.
“Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court. Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court,” said Paxton.
That victory was short-lived, as late Tuesday night the Fifth Circuit Court of Appeals placed another stay on the law from being enforced.
Frustrating, but it underscores the difficulty the Supreme Court faces, namely: How do you reign in an executive branch hellbent on ignoring clear laws on securing the border against illegal aliens that instead actual aids and abets illegal aliens breaking those same laws?
What mechanisms can the Supreme Court use to reign in a rogue executive without causing a constitutional crisis?
The Fifth Circuit had a hearing scheduled this morning on the issue but evidently haven’t issued a ruling. I’ll try to update this if it does…