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IPFS News Link • Immigration

In Blow To Biden, Supreme Court Allows Texas To Start Arresting And Deporting Illegal Aliens

•, by Tyler Durden

With three liberal justices dissenting, the conservative-majority court rejected an emergency request by the Biden administration which claimed that states have no authority to legislate on immigration.

The ruling means that Texas' law can go into effect while litigation continues in lower courts.

The law, SB4, allows police to arrest migrants who illegally cross into the United States from Mexico, and imposes criminal penalties. It also empowers judges to deport people to Mexico.

"Texas is the nation's first-line defense against transnational violence and has been forced to deal with the deadly consequences of the federal government's inability or unwillingness to protect the border," Texas argued in court papers.

The dispute is the latest clash between the Biden administration and Texas over immigration enforcement on the U.S.-Mexico border.

A federal judge blocked the law after the Biden administration sued, but the New Orleans-based 5th U.S. Circuit Court of Appeals said in a brief order that it could go into effect March 10 if the Supreme Court declined to intervene.

On March 4, Justice Samuel Alito issued a temporary freeze on the law to give the Supreme Court time to consider the federal government's request. -NBC News

Solicitor General Elizabeth Prelogar said in court filings that Texas' law is "flatly inconsistent" with Supreme Court precedent dating back 100 years.

"Those decisions recognize that the authority to admit and remove noncitizens is a core responsibility of the national government, and that where Congress has enacted a law addressing those issues, state law is preempted," she said, adding that the appeals court did not explain its reasoning for allowing the law to go into effect.