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SUPREME COURT TEMPORARILY BLOCKS TEXAS LAW THAT ALLOWS POLICE TO ARREST MIGRANTS
FILE - Migrants wait to be processed by the U.S. Customs and Border Patrol after
they crossed the Rio Grande and entered the U.S. from Mexico, Oct. 19, 2023, in
Eagle Pass, Texas. The U.S. 5th Circuit Court of Appeals on Thursday, Feb. 29,
2024, allowed a Texas law to proceed that lets state police arrest migrants and
local judges to order them to leave, paving the way to a U.S. Supreme Court
battle. The law, which was initially set to take effect Tuesday, March 5, will
be able to take effect Saturday, March 9. (AP Photo/Eric Gay, File)
Read More
By ACACIA CORONADO and LINDSAY WHITEHURST
Updated [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year] Updated
4:24 PM HST, March 4, 2024
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AUSTIN, Texas (AP) — Texas’ plans to arrest migrants who enter the U.S.
illegally and order them to leave the country is headed to the Supreme Court in
a legal showdown over the federal government’s authority over immigration.
An order issued Monday by Justice Samuel Alito puts the new Texas law on hold
for at least next week while the high court considers what opponents have called
the most dramatic attempt by a state to police immigration since an Arizona law
more than a decade ago.
The law, known as Senate Bill 4, had been set to take effect Saturday under a
decision by the conservative-leaning 5th U.S. Circuit Court of Appeals. Alito’s
order pushed that date back until March 13 and came just hours after the Justice
Department asked the Supreme Court to intervene.
“Make no mistake: S.B. 4 bypasses federal immigration authority and threatens
the integrity of our nation’s constitution and laws,” a coalition of groups that
sued over the law, including the American Civil Liberties Union, said in a
statement.
Republican Gov. Greg Abbott signed the law in December as part of a series of
escalating measures on the border that have tested the boundaries of how far a
state can go to keep migrants from entering the country.
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the US
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The law would allow state officers to arrest people suspected of entering the
country illegally. People who are arrested could then agree to a Texas judge’s
order to leave the country or face a misdemeanor charge for entering the U.S.
illegally. Migrants who don’t leave after being ordered to do so could be
arrested again and charged with a more serious felony.
The Justice Department told the Supreme Court that the law would profoundly
alter “the status quo that has existed between the United States and the States
in the context of immigration for almost 150 years.” It went on to argue that
the law would have “significant and immediate adverse effects” on the country’s
relationship with Mexico and “create chaos” in enforcing federal immigration
laws in Texas.
The federal government cited a 2012 Supreme Court ruling on an Arizona law that
would have allowed police to arrest people for federal immigration violations,
often referred to by opponents as the “show me your papers” bill. The divided
high court found that the impasse in Washington over immigration reform did not
justify state intrusion.
The Supreme Court gave Texas until March 11 to respond.
In a statement Monday, the Texas Attorney General’s Office said the state’s law
mirrored federal law and “was adopted to address the ongoing crisis at the
southern border, which hurts Texans more than anyone else.”
The federal government’s emergency request to the Supreme Court came after a
federal appeals court over the weekend stayed U.S. District Judge David Ezra’s
sweeping rejection of the law.
In a 114-page ruling Thursday, Ezra rebuked Texas’ immigration enforcement and
brushed off claims by Republicans about an ongoing “invasion” along the southern
border due to record-high illegal crossings.
Ezra added that the law violates the U.S. Constitution’s supremacy clause,
conflicts with federal immigration law and could get in the way of U.S. foreign
relations and treaty obligations.
According to Ezra’s ruling, allowing Texas to supersede federal law due to an
“invasion” would “amount to nullification of federal law and authority — a
notion that is antithetical to the Constitution and has been unequivocally
rejected by federal courts since the Civil War.”
Republicans who back the law have said it would not target immigrants already
living in the U.S. because the two-year statute of limitations on the illegal
entry charge would be enforced only along the state’s border with Mexico.
Texas has been arresting migrants for years under a different program that is
based on criminal trespass arrests.
Though Ezra said some might sympathize with Texas officials’ concerns about
immigration enforcement by the federal government, he said that was not enough
to excuse a violation of the U.S. Constitution.
The battle over the Texas immigration law is one of multiple legal disputes
between Texas officials and the Biden administration over how far the state can
go to patrol the Texas-Mexico border and prevent illegal border crossings.
Several Republican governors have backed Abbott’s efforts, saying the federal
government is not doing enough to enforce existing immigration laws.
Some of Abbott’s attempts to impede illegal border crossings have included a
floating barrier in the Rio Grande — which Ezra previously blocked and is part
of an ongoing legal battle— and placing razor wire along the state’s boundary
with Mexico. State guard officers have also blocked U.S. Border Patrol agents
from accessing a riverfront park in Eagle Pass that was previously used by
federal agents to process migrants.
___ Whitehurst reported from Washington.
LINDSAY WHITEHURST
Whitehurst covers the Supreme Court, legal affairs and criminal justice for The
Associated Press in Washington, D.C. Past stops include Salt Lake City, New
Mexico and Indiana.
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Trump calls for 'immediate' cease-fire in Ukraine and says a US withdrawal from
NATO is possibleTrump's call for an immediate ceasefire went beyond the public
policy stands taken by the Biden administration and Ukraine and drew a cautious
response from Zelenskyy.AP News
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Biden issues veto threat on bill expanding federal judiciary as partisan split
emergesPresident Joe Biden is threatening to veto legislation that would expand
the federal judiciary. House Republicans have teed up a vote this week on
legislation that would gradually expand by 66 the number of federal judgeships
across the country.AP News
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