Supreme Court Extends Temporary Block on Texas From Enforcing Immigration Law

A group of more than 1,000 illegal immigrants walks toward a U.S. Border Patrol field processing center after having crossed the Rio Grande from Mexico, in Eagle Pass, Texas, on Dec. 18, 2023. John Moore/Getty Images

The U.S. Supreme Court has extended a temporary freeze barring Texas from enforcing a new law that allows state police to arrest immigrants suspected of crossing the U.S.–Mexico border illegally.

Justice Samuel Alito, who oversees the federal circuit handling the case, on March 18, extended an administrative stay on Texas Senate Bill 4 that was initially issued on March 4 and then extended on March 12 to allow the court time to review the case. The stay was extended “pending further order” of the court, according to the order.

The order is a setback to Texas and other red states in stemming the tide of illegal immigrants whom they have deemed an “invasion.”

SB4, signed into law by Texas Gov. Greg Abbott in December 2023, was scheduled to go into effect on March 5. The Supreme Court is currently considering emergency appeals brought by the Biden administration challenging the law.

The law makes it a state crime to cross the Texas–Mexico border outside legal ports of entry. Punishment for the Class B misdemeanor is up to six months in jail. However, repeat offenders could face second-degree felony charges and up to 20 years in prison.

Judges are granted leeway under the law to drop the charges if the illegal immigrants agree to return to Mexico.

The law grants civil immunity to law enforcement and other officials who enforce the provisions of the law, which includes a provision to deport offenders.

In its argument to control illegal immigration, Texas invoked the compact clause in the U.S. Constitution, arguing that states have a right to defend and protect themselves.

“The President of the United States has a constitutional duty to enforce federal laws protecting states, including laws already on the books that mandate the detention of illegal immigrants,” Mr. Abbott, a Republican, said in a February statement after a lower court issued a preliminary injunction.

“Texas has the right to defend itself because of President Biden’s ongoing failure to fulfill his duty to protect our state from the invasion at our southern border.”

Border authorities encountered more than 9 million illegal immigrants between October 2021 and January 2024, according to Customs and Border Protection data.

President Joe Biden canceled Trump-era policies that curtailed illegal immigration, such as the “remain in Mexico” policy, which required asylum seekers to wait outside of the United States until their claims were processed.

President Biden has blamed a “broken” immigration system for the wave of illegal immigrants crossing the U.S. southern border, calling on Republicans to support a bipartisan border security bill granting more funding and regulations to tackle the problem.