Fifth Circuit continues block on Texas immigration law

A divided appeals court said in a late-night ruling that a controversial Texas immigration law cannot go into effect as the state appeals a ruling that blocked it. The Fifth Circuit Court of Appeals handed down the 2-1 ruling regarding Senate Bill 4 on Tuesday night, just a week after it had previously blocked the law, which – if enforced – would allow law enforcement in Texas to arrest suspected illegal immigrants and allow state judges to deport them.

Once in custody, migrants could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. The law says they are to be sent to ports of entry along the U.S.-Mexico border, even if they are not Mexican citizens. Migrants who do not leave could face arrest again under more serious felony charges. In court, Texas has argued the law mirrors the U.S. government’s immigration enforcement.

Richman and Oldham are Republican appointees, while Ramirez was appointed by President Biden. The Associated Press contributed to this report.

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