The Supreme Court has authorized Texas to detain and incarcerate migrants under a stringent new immigration statute, SB4, enabling local and state law enforcement to apprehend and prosecute individuals suspected of illegal entry from Mexico. This move has sparked controversy, with the Biden administration deeming the law unconstitutional, challenging its alignment with federal authority traditionally overseeing immigration enforcement. The enactment of SB4, marking one of the most severe immigration policies by a US state in recent times, represents a significant shift, granting Texas the ability to legally process migrants or mandate their return to Mexico.
The law, which faced multiple delays by Justice Samuel Alito, was eventually permitted by the Supreme Court to proceed concurrently with a federal appeals court’s review of its legality. Texas Attorney General Ken Paxton celebrated the decision as a major victory against both the Biden administration and the American Civil Liberties Union (ACLU), which has opposed the law in court and vowed to continue fighting against it.
The court’s decision encountered dissent from its liberal justices, who expressed concerns about the potential upheaval of the federal-state balance of power, the risk of disrupting international relations, especially with Mexico, and the negative impact on migrants’ willingness to report crimes such as abuse or trafficking.
SB4 empowers police to arrest individuals suspected of illegal border crossing, with the exception of certain protected locations, and introduces a range of penalties from misdemeanors to felonies, including potential imprisonment or fines. The law also prescribes severe penalties for those who re-enter Texas illegally after deportation, with sentences up to 20 years based on immigration and criminal records.
The Biden administration has cautioned that SB4 encroaches upon the federal government’s exclusive jurisdiction over border security and could strain diplomatic ties with Mexico, which has criticized the law as discriminatory.
The contentious law, signed in December and initially set to take effect in March, now returns to the appellate court for further examination, with the possibility of future Supreme Court appeals. This development occurs amidst growing public concern over immigration issues and the US-Mexico border, with recent polls indicating that a significant portion of Americans view immigration as a major national challenge.
