An appeals court in Texas is currently divided on whether to reject a controversial immigration law that would give police officers broad powers to arrest migrants. The law, known as SB4, briefly came into force on Tuesday before being blocked again amid legal challenges.
The legislation would allow police in Texas to arrest and prosecute anyone they suspect of entering the country illegally, but opponents argue that it infringes on federal authority. The case is being closely watched nationwide as it could set a precedent for other states to follow suit.
A panel of three judges from the fifth circuit appeals court in New Orleans heard arguments on Wednesday morning but appeared split on the constitutionality of the law. The Biden administration has argued that the law interferes with federal powers, while supporters of SB4 claim that Texas has a right to defend itself.
If the court allows the law to go into effect, the justice department is requesting a delay to seek emergency action from the Supreme Court. Mexican President Andrés Manuel López Obrador has criticized the law as “draconian” and dehumanizing, stating that Mexico would refuse to accept anyone deported by Texas authorities.
The potential enforcement of SB4 would mark a significant shift in how immigration laws are handled, as historically only the federal government has been able to enforce immigration laws. Under the new law, anyone illegally entering or re-entering Texas could face up to 20 years in prison.
The outcome of this case could have far-reaching implications for immigration enforcement in the United States, as the courts have previously ruled that only the federal government has the authority to enforce immigration laws. The decision of the appeals court is eagerly awaited by both supporters and opponents of SB4.