Supreme Court Justice Samuel Alito has prolonged the injunction preventing Texas authorities from detaining and incarcerating migrants suspected of crossing the U.S. southern border without authorization under the state’s contentious SB4 immigration law. The Biden administration contends that this law violates the Constitution. Alito’s decision to extend the halt on enforcing SB4 comes after a self-imposed deadline elapsed.
The U.S. Court of Appeals for the 5th Circuit is currently reviewing the law’s legality, while the Justice Department has urged the Supreme Court to suspend its enforcement during the legal proceedings. However, the full court has yet to act on this request. SB4, which was passed by the Texas legislature, criminalizes unauthorized migration at the state level, introducing state-level offenses for entering the U.S. outside of designated ports of entry and for illegal reentry.
Last month, a federal judge blocked SB4 at the Biden administration’s request, citing conflicts with federal immigration laws. However, the 5th Circuit temporarily lifted this injunction until Alito intervened with an administrative stay. This stay by Alito maintains the existing conditions while the court deliberates on the Justice Department’s plea for immediate relief.
SB4 grants Texas law enforcement the authority to apprehend, incarcerate, and prosecute migrants for illegal entry and reentry. Additionally, it allows judges to order migrants to return to Mexico instead of facing prosecution, effectively establishing a de facto state deportation system.
The Justice Department contends that SB4 contradicts federal law and undermines diplomatic relations with Mexico, which has criticized SB4 as “anti-immigrant” and pledged to reject migrants returned by Texas. Governor Greg Abbott, a vocal critic of President Biden’s border policies, defends SB4 as essential for deterring unauthorized immigration, alleging insufficient federal action to curb illegal border crossings.
Over the past few years, Texas has pursued aggressive measures challenging federal authority over immigration policy. These efforts include transporting tens of thousands of migrants to major Democratic-led cities, installing razor wire and buoys along border stretches to deter crossings, and filing numerous lawsuits against federal immigration initiatives.