For a few fleeting hours Tuesday, Texas was able to enforce a hardline immigration law blasted by critics as an affront to human rights – thanks to a huge assist from the conservative majority on the US Supreme Court.
The intervention by the nation’s top bench triggered a day of twisting legal drama that only exacerbated the chaos over the nation’s overwhelmed immigration system, reinforced the politicization of the court and stoked fresh controversy over an issue that threatens President Joe Biden’s reelection.
The measure allows Texas to arrest and even deport people it suspects of crossing the border illegally – a flagrant challenge to the federal government’s authority on such issues.
It came into force, briefly, after the Supreme Court said the law could proceed while an appeals process plays out in lower courts. But late Tuesday evening, the 5th Circuit Court of Appeals put the law on hold again – muting celebrations in the Lone Star State. The panel of judges that issued the late-night ruling is already due to hear arguments Wednesday morning over the statute, known as SB 4.
The fresh uncertainty about the law will only supercharge a fierce debate over immigration fueled by Republican presumptive nominee Donald Trump as the general election heats up. And even though it was later overtaken, the Supreme Court’s move allowed Republicans to showcase their tough immigration policies and claim that Biden has lost control of the border.
The legal back-and-forth will also set off more feuding between Washington and the ultra-conservative government of Texas Republican Gov. Greg Abbott over policy and enforcement.
The Supreme Court stepped into the controversy weeks after Republicans in Congress killed off a conservative compromise that stiffened border and asylum…
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