The US Supreme Court has allowed Texas to execute a contentious statute on detaining and deporting illegal immigrants
- Posted on March 20, 2024
- International Affairs
- By Arijit Dutta
- 216 Views
Republican Texas Governor Greg Abbott signed Senate Bill 4, which empowers police to detain persons suspected of unlawfully entering the United States. Critics argue that the measure breaches federal power because immigration is typically handled by the federal government.

The US
Supreme Court, with a 6-3 conservative majority, allowed Texas's
Republican-backed law granting broad arrest powers for suspected illegal border
crossings to stand, rejecting the Biden administration's challenge. Dissenting
liberal justices argued it undermines federal immigration enforcement. Texas
law criminalizes illegal entry with penalties of up to 20 years, mandating
return to Mexico with refusal punishable by 20 years. Governor Greg Abbott
signed the law, SB4, in December, empowering state law enforcement to make such
arrests, citing Biden's lax federal enforcement. This move follows a surge in
border crossings, fueling criticism of the administration's handling of
immigration.
One of the most intense
legal disputes
Texas Governor Abbott
praised the Supreme Court's decision on the immigration law as "a positive
development," aligning with Republicans like Trump. White House Press
Secretary Karine Jean-Pierre criticized the law, foreseeing chaos, and urging
congressional action. Dissenting Justice Sonia Sotomayor warned of
federal-state power imbalance and chaos. FWD.us expressed concerns about states
mimicking Texas, unjustly impacting families. Legal clashes persist between
Texas and the Biden administration over border control. Texas' measures include
National Guard deployment and physical barriers. Justice Amy Coney Barrett, in
her concurrence, noted the temporary nature of the decision's administrative
stay.
What happens now?
Following a legal
back-and-forth, the fate of a Texas law allowing the arrest of migrants remains
uncertain. The Biden administration opposes the law, claiming it violates
federal authority and could disrupt international relations. Supreme Court
Justice Samuel Alito temporarily halted the law, originally scheduled for March
5, while the legal battle ensues. District Judge David Ezra initially blocked
the law, asserting it undermines unified immigration regulation. However, the
5th Circuit Court of Appeals intervened, pausing Ezra's ruling and potentially
allowing the law to take effect on March 10. The situation leaves the
implementation timeline and the fate of affected migrants uncertain.
Mexico's reaction to
Supreme Court verdict
On Tuesday, Mexico's
government stated that it would "under no circumstances" accept the
repatriation of any migrants from the state of Texas. Mexico is not compelled
to accept deportations of anybody other than its nationals. It denounced the
Texas law's implementation, claiming that it would criminalize migrants and
lead to family separation, discrimination, and racial profiling.
"Mexico rejects any
measure that allows state or local authorities to handle immigration control,
detain or return nationals or foreigners to Mexican territory," the
Foreign Affairs Ministry stated. The administration stated that it will present
its stance to the next appeals court that considers the statute.
This happened after
Republicans scrapped a bipartisan US Senate plan in February that would have
strengthened border security and tightened immigration regulations after Trump
pressured members of his party to vote against it.