A federal judge on Thursday temporarily blocked a Texas law that grants state police the capacity to arrest people who are suspected of illegally crossing the U.S.–Mexico border.
The measure, called Senate Bill 4 and signed by Gov. Greg Abbott in December, was slated to go into effect on March 5, but U.S. District Judge David Ezra ruled that it violated the U.S. Constitution's Supremacy clause that grants the federal government sole authority over immigration matters. The judge also rejected Texas's arguments that it was being invaded under the Constitution's Article IV.
As a result, he argued, the federal government would "suffer grave irreparable harm" because other states would be inspired to pass similar measures. “SB 4 threatens the fundamental notion that the United States must regulate immigration with one voice,” he wrote.
At a Feb. 15 hearing, Judge Ezra expressed skepticism as the state pleaded its case for what is known as Senate Bill 4. He also said he was somewhat sympathetic to the concerns expressed by Mr. Abbott and other state officials about the unprecedented influx of illegal aliens. Judge Ezra then added that he feared the United States could become a confederation of states enforcing their own immigration laws.
“That is the same thing the Civil War said you can’t do,” he told the attorneys.
A lawyer for the state of Texas argued in court that due to the deluge of illegal immigrants, enabled by drug cartels and smugglers, it is tantamount to an invasion and that Texas has the right to defend itself under the Constitution.
Mr. Abbott, a Republican, has backed the law, saying that it would compliment his efforts to provide better border security, noting that his state has dealt with a surge of illegal crossings in recent years. Other measures that Mr. Abbott has implemented are a barrier in the Rio Grande, razor wire barriers at certain border crossings, and prohibiting federal agents tasked by the Biden administration with undoing these measures from accessing border areas in Texas.
Other state Republicans who back the law have said it would not target immigrants already living in the U.S. because of the two-year statute of limitations on the illegal entry charge and would be enforced only along the state’s border with Mexico.
“No state has the right to unilaterally decide who gets to be American,” David Donatti, with the ACLU, told the outlet. “Doing so violates the Constitution, undermines human rights, and damages international relations.”
In the meantime, tensions have remained high between Texas and the Biden administration this year over who can patrol its border with Mexico and how. Other GOP governors have expressed support for Mr. Abbott, who has said the federal government is not doing enough to enforce immigration laws.
In a news release, the governor again said that President Joe Biden "has abandoned his constitutional duty to protect Americans by refusing to secure our southern border," adding records for illegal immigration have been "smashed" under his administration. He also defended his policy of continuing to set up razor wire along the border after the U.S. Supreme Court ruled in favor of the federal government, saying that agents must be provided access to the area.