Texas can now enforce an arrest law specifically targeting migrants crossing the southern border, thanks to a federal appeals court.
On Friday, the New Orleans-based 5th Circuit Court of Appeals placed a hold on a judicial injunction that resulted from a class-action lawsuit filed by civil-rights groups.
Texas District Judge David Ezra had issued the injunction after concluding the state law improperly challenged the federal government’s power to control immigration, naturalization and deportation.
The injunction was appealed by Texas Attorney General Ken Paxton.
The 2023 law (SB4) includes provisions that make it a state crime for anyone to reenter the US after deportation, even if they have federal permission or have obtained a green card. It also empowers judges in Texas to issue deportation orders.
The law applies statewide—not just at the border—and allows police to arrest individuals based on probable cause, without witnessing a crossing actually taking place.
The lawsuit against the law was backed by the ACLU, on behalf of thousands of non-citizens who could be subject to the provisions of the law.
The ACLU said the ruling was disappointing and vowed to “continue to fight against this abhorrent and blatantly illegal law.”
“S.B. 4 will devastate our communities and families by turning our state’s legal system into an unconstitutional weapon to surveil, harass, and harm Texans based on their perceived immigration status,” the ACLU said in a statement.
“We encourage all Texans, especially those who fear racial profiling under S.B. 4, to remember their rights and stay safe. We will continue to fight against this abhorrent and blatantly illegal law.”
One Response
Show me where in the constitution it says non citizens have the right to be here and have due process.