Supreme Court extends block on Texas immigration law, again

TEXAS - The legal battle over a new immigration law in Texas appears far from over. The U.S. Supreme Court has, once again, extended its temporary block on SB 4. The law would allow Texas police to arrest people they suspect of crossing the border illegally.

At 4:05 p.m. CT on Monday, March 18, five minutes after SB 4 would have taken effect, Supreme Court Justice Samuel Alito issued an order extending the stay, or pause, on the law.

"The decision from Justice Alito, at this point, means that things will remain as they have been over the past weeks," said Dr. Eddy Carder, a constitutional law professor at Prairie View A&M University. "The law is not going to be applied. It’s not going to be enforceable."

SB 4 would allow Texas police to arrest people they suspect of having crossed the border illegally. Migrants could be charged with a misdemeanor and given jail time, or they can opt to return to a port of entry.

"We applaud this continuation of the stay because we believe this is an unconstitutional bill. And we hope that that will be proven as it moves through the court process," said Rebecca Lightsey, co-executive director of American Gateways, which is one of the plaintiffs in the case.

Gov. Greg Abbott said in a statement Monday evening:

"The Supreme Court has temporarily halted enforcement of SB 4, but it didn’t halt Texas’ pre-existing authority to arrest for criminal trespass and other violations of the law. Until President Biden steps up and does his job to secure the border, Texas will continue utilizing every tool and strategy to respond to this Biden-made border crisis. This case remains on schedule to be argued at the 5th Circuit on April 3rd."

This legal battle stems from a lawsuit filed in December by the ACLU of Texas and others, claiming SB 4 is unconstitutional.

"Immigration is a purview of the federal government and not the state government," said Lightsey.

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But proponents of the Republican-led law argue the constitution specifically allows states to protect their borders when the federal government fails to.

"There is absolutely an invasion going on, and we're doing our best to address it," said the bill’s sponsor in the House, Republican State Rep. David Spiller of Jacksboro, speaking to FOX 7 earlier this month. "I anticipate Supreme Court, will back this up."

"The way the bill is so broad, it would allow the police to look at someone and determine whether they're going to pull them over or not," said Lightsey.

Abbott pushed back on that notion as he signed the law in December, saying, "They are not profiling. They are seeing someone violating the law."

For now, SB 4 will remain on hold, pending a further order from the high court.

"The court is allowing maybe for more facts to play themselves out," said Carder. "How this battle plays out is going to portend what the future will hold with regard to immigration and other states."