Supreme Court Justice Samuel Alito Extends Stay on Implementation of Texas' Immigrant Deportation Laws
ICARO Media Group
In a recent development, U.S. Supreme Court Justice Samuel Alito has extended the stay on the implementation of Texas' immigrant deportation laws related to Senate Bill 4 (S.B. 4). The conservative Justice has extended the stay until 5 p.m. on March 18.
S.B. 4, which was approved by a special Texas legislative session in November, aimed to allow local and state law enforcement to arrest, detain, and remove individuals suspected of entering the state illegally from other countries. Initially scheduled to begin on March 5, the implementation of the law was blocked by a preliminary injunction granted by the U.S. District Court for the Western District of Texas on March 4.
The decision to block S.B. 4 came on the same day that President Joe Biden and likely Republican presidential opponent Donald Trump were in Brownsville and Eagle Pass, respectively, to discuss border security with local officials. Judge David Ezra ruled in favor of multiple civil rights groups who sued Governor Greg Abbott and Texas Department of Public Safety Director Steven McGraw.
Ezra's ruling, which was made in December 2023, stated that "surges in immigration do not constitute an 'invasion' within the meaning of the Constitution, nor is Texas engaging in war by enforcing S.B. 4." He further argued that allowing Texas to supersede federal directives on the basis of an invasion would amount to nullification of federal law and authority.
However, Texas Attorney General Ken Paxton immediately disputed Ezra's ruling and filed an emergency stay. The U.S. Court of Appeals for the Fifth Circuit granted Paxton's request, allowing for a seven-day review period by the U.S. Supreme Court. As part of the Fifth Circuit's order, the appeal was expedited and argued immediately.
Robert Heyman, assistant director of policy and development with one of the plaintiff organizations, Las Americas Immigrant Advocacy Center, expressed hope that Ezra's ruling increases the chances of the plaintiffs prevailing. Heyman viewed Alito's decision to extend the stay as a temporary victory, as it means fewer deportations and reduced racial profiling.
The American Civil Liberties Union (ACLU) of Texas referred to S.B. 4 as "one of the most extreme pieces of anti-immigrant legislation any state legislature has ever enacted." They argued that if implemented, the law would put black and brown communities at a higher risk of racial profiling and over-policing.
The ACLU and other civil rights organizations involved in the lawsuit expressed their satisfaction with Alito's decision to extend the stay, emphasizing their commitment to working towards striking down S.B. 4. They believe that the law, if implemented, would be unconstitutional and violate the rights of individuals seeking safety and better opportunities in Texas.
The extended stay on S.B. 4 is seen as a temporary relief by immigrant advocacy groups, who continue to celebrate each day without its implementation. The fight to ensure the law is ultimately struck down as unconstitutional continues.
This article was last updated on March 12, 2024, at 12:50 p.m. ET with comments from plaintiffs involved in the lawsuit.