Latest on Texas SB 4 law as 5th Circuit hears oral arguments

to enforce a state law temporarily that permits state law enforcement to arrest and detain people they suspect of illegally entering the country.effectively allowed the measure to take effect, only for the U.S. Court of Appeals for the 5th Circuit to block the lawSenate Bill 4 has been ensnared in a tense battle between Texas and the Biden administration as the state seeks to mitigate the unending flow of migrants over the southern border.

5th Circuit Chief Judge Priscilla Richman, an appointee of former President George W. Bush, noted that states don’t normally have the police power to remove people from the United States. At times, Nielson struggled to answer certain hypotheticals raised by Richman about the law’s application, such as what happens if an “illegal alien” crosses from Arizona to Texas.

Oldham further asked if there is a “single thing” outside of cooperation with the federal government that a state can do to prevent illegal immigration. Tenny argued states can have “generally applicable state laws.

Justice Sonia Sotomayor, whose dissent was joined by Justice Ketanji Brown Jackson, said the order “invites further chaos and crisis in immigration enforcement.” The Democratic appointee said that the decision “upends the federal-state balance of power that has existed for over a century, in which the National Government has had exclusive authority over entry and removal of noncitizens.”

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