AUSTIN, Texas — On Tuesday night, the Fifth Circuit Court of Appeals issued a ruling that blocks controversial Texas immigration law, Senate Bill 4, again. That court is set to hear arguments about the law on Wednesday morning.
This comes after the U.S. Supreme Court allowed it to take effect on Tuesday morning.
SB 4 allows local and state law enforcement to detain, arrest and jail migrants who are suspected of entering Texas illegally. That enforcement is historically a federal duty.
The Supreme Court conservative majority's order rejected an emergency application from the Biden administration, which says the law is a clear violation of federal authority that would upset more than a century of immigration authority.
Texas Gov Greg Abbott praised the order — and the law — which allows any police officer in Texas to arrest migrants for illegal entry and authorizes judges to order them to leave the U.S.
Opponents say the law is the most dramatic attempt by a state to police immigration since an Arizona law more than a decade ago, portions of which were struck down by the Supreme Court. Critics have also said the Texas law could lead to civil rights violations and racial profiling.
In lifting its temporary stay, the Supreme Court didn't address whether the law is constitutional. The measure then went back to the appellate court and could eventually return to the Supreme Court.
The Fifth Circuit Court of Appeals said it would hold virtual arguments on the law on Wednesday at 10 a.m.