Supreme Court Extends Stay, Prevents Texas from Implementing Immigration Law

The U.S. Supreme Court extended a stay on a Texas immigration law that would allow the state to arrest and prosecute illegal immigrants.

While the law was supposed to take effect this week, Justice Samuel Alito extended the administrative stay to March 18.

JUST IN — Justice Samuel Alito extends the administrative stay preventing Texas from enforcing the SB4 immigration law through Monday, March 18.

Texas will continue to be blocked from arresting and jailing migrants under SB4.

The law was previously set to take effect tomorrow. pic.twitter.com/NFuvNnv2sC

— Camilo Montoya-Galvez (@camiloreports) March 12, 2024

The legislation would allow judges to order migrants to return to Mexico if convicted. If the illegal immigrant refuses to return, they may be charged with a Class B misdemeanor charge and face six months in prison.

Aaron Nielson, Texas’ solicitor general, wrote in a brief filed on March 11 that “[t]he state’s injury is even sharper than usual here, moreover, because 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.”

The brief added that “Texas will suffer significant, irreparable harm if it cannot enforce a validly enacted law. Plaintiffs’ theory that Texas has little to no role to play in combatting the border crisis that is overwhelming the nation and Texas disproportionately is anything but equitable.”

In December, Texas Governor Greg Abbott (R) signed the bill into law, saying in a press release, “Four years ago, the United States had the fewest illegal border crossings in decades.”

“It was because of four policies put in place by the Trump Administration that led to such a low number of illegal crossings. President Biden has eliminated all of those policies and done nothing to halt illegal immigration. President Biden’s deliberate inaction has left Texas to fend for itself. Today, I will sign three laws to better protect Texas—and America—from President Biden’s border neglect. These laws will help stop the tidal wave of illegal entry into Texas, add additional funding to build more border wall, and crackdown on human smuggling.”