Appeals court extends temporary block on Texas immigration law

A three-judge panel in the 5th Circuit Court of Appeals ruled on Tuesday that Texas may not enforce the controversial immigration law while litigation on the law’s constitutionality continues. The decision is the latest in a series of court orders regarding the state law known as Senate Bill 4.

Gov. Greg Abbott signed the statute into law last December, allowing Texas officials to detain and deport migrants suspected of crossing the southern border illegally. The U.S. Department of Justice filed a federal lawsuit against the state, alleging that Texas officials had violated the U.S. Constitution by illegally usurping federal powers. However, Abbott has argued the federal government abdicated its right to enforce immigration power. He asserts that “Biden’s deliberate inaction has left Texas to fend for itself.”

What did the court describe in its opinion? The Louisiana-based appeals court issued a 2-1 order with Chief Judge Priscilla Richman, a nominee of former President George W. Bush, writing the majority opinion. Biden-nominated Judge Irma Ramirez joined the opinion, which ruled that only the president may decide “how to pursue noncitizens illegally present in the United States.” Judge Andrew Oldham, appointed by former President Donald Trump, issued a 70-page dissent, describing Texas as “forever helpless.” The federal panel is scheduled to hear arguments on the constitutionality of SB4 on April 3.

Meanwhile, apart from SB4, Texas officials “will continue to use our arrest authority and arrest people coming across the border illegally,” Abbott said.

Dig deeper: Read Addie Offereins’ report in Compassion on evangelicals trying to bring Biblical views to the immigration debate.