A federal appeals court has ruled to keep a Texas law on hold that permits the state to arrest and deport migrants suspected of illegally entering the U.S. The 5th U.S. Circuit Court of Appeals issued the order following a recent hearing by a three-judge panel, marking the latest development in an ongoing legal battle.
The Justice Department contends that the Texas law infringes on federal authority and could lead to border chaos, while Texas argues that the Biden administration has not adequately addressed border control, justifying the state's actions.
The law briefly went into effect on March 19 after the U.S. Supreme Court allowed it, but without ruling on its merits. Subsequently, the case was sent back to the 5th Circuit, which has now maintained the enforcement suspension while further appeals are considered.
Under the law signed by Texas Governor Abbott, any state law enforcement officer can detain individuals suspected of illegal entry. These migrants would then have the option to comply with a Texas judge's order to leave the U.S. voluntarily or face misdemeanor charges for illegal entry. Failure to depart could result in subsequent arrests on felony charges.
No arrests were reported during the brief period when the law was in effect, with authorities outlining potential enforcement strategies. Mexico has stated its refusal to accept individuals ordered by Texas to re-enter the country.
Opponents view the law as a significant state-level immigration enforcement measure since a similar Arizona law was partially invalidated by the Supreme Court over a decade ago. Concerns have been raised about potential civil rights violations and racial profiling.
Supporters of the law dismiss these worries, emphasizing that arresting officers must have probable cause, such as witnessing illegal entry or having video evidence. They anticipate that the law would primarily be utilized in border counties, despite its statewide applicability.
