Supreme Court lifts stay on Texas SB 4

AUSTIN, Texas - The U.S. Supreme Court has reversed its hold on SB 4, Texas' controversial immigration law. 

Justice Alito paused the Texas law indefinitely on Monday, March 18, but on Tuesday, the high court allowed it to take effect.

"It's based on the existing federal law, 8 U.S.C. 1225, for illegal entry. And that's why SB 4 was drafted specifically the same way as federal law. And that's the same federal law that's been in the book. When I say for decades, I’m talking about 70 years this law has been in effect", says State Representative David Spiller. 

State Representative David spiller helped move Senate Bill 4 through the Texas House and Governor Abbott signed it into law in December.

The legislation was set to go into effect on March 5, but was paused until Tuesday, March 19, when the Supreme Court lifted its hold.

MORE: Supreme Court lifts stay on Texas law that gives police broad powers to arrest migrants at border

It is now drawing differences in opinion across the state.

"I had no idea that they were going to allow the hurt to begin and to continue while the case is appealed to the Fifth Circuit and ultimately back again to the Supreme Court, so they can hear it in the bank. I thought I hoped, I prayed, I believed that the Supreme Court would freeze all of that and let litigation continue, not let the hurt begin while litigation continues," says immigration lawyer Thomas Esparza.

Last month, Governor Abbott issued a statement saying, "Texas has the right to defend itself because of President Biden’s ongoing failure to fulfill his duty to protect our state from the invasion at our southern border."

"This is not an invasion, these are people fleeing. Someday we could be fleeing just like people fleeing all over the world from oppressive regimes," says Esparza.

"There is absolutely an invasion going on, and we're doing our best to address it," says Spiller. 

SB 4 grants local law enforcement officers in Texas permission to detain, arrest, and in some cases deport those who have crossed the border without the proper documentation.

"They are deporting everybody that crosses the Texas border back to Mexico, so that is Haitians, Venezuelans, Nicaraguans, El Salvadorians, Canadians and Irish. Everybody who enters that is what that law says," says Esparza.

According to Mexico’s government, it will not "under any circumstances accept the return of any migrants to its territory from the state of Texas and is not required to accept deportations of anyone except Mexican citizens." 

Adding to the list of those not in favor of SB 4 is Fort Worth Police Chief Neil Noakes.

"It is the mission of the Fort Worth Police Department to serve every member of our community and our day-to-day commitment to that mission will not change with the passage of SB 4. Although we will always follow the law, the primary responsibility for immigration enforcement and border enforcement should be left our federal and state partners," says Fort Worth Police Chief Neil Noakes.

In response to the chief’s video, Texas House Speaker Dade Phelan posted to X, formerly Twitter, "Unbelievable. Compliance with state law is not optional, it is mandatory. Any local law enforcement agency that refuses to enforce SB 4 is abandoning their sworn duty to uphold the rule of law."

"Their choice is going to be to talk to a police officer or not talk to a police officer, admit to a police officer that you came in illegally into the state of Texas or not say a word. What do I tell people? I am going to tell people not to say a word," says Esparza.

The Biden administration is suing to strike down the measure, which they call a violation of federal authority.

The Austin Police Department also released a statement saying in part "It is aware of the Supreme Court’s decision allowing SB 4 to take immediate effect. APD will continue to follow its policies. At this time, APD anticipates that it will be unlikely that its officers will have cause to make warrantless arrest under SB 4."