Austin, Texas — The Justice Department on Monday asked the U.S. Supreme Court to block a new Texas law that allows police to arrest migrants who enter the country illegally, setting off a new legal showdown over the federal government’s authority over immigration.
The emergency request came after a federal appeals court this weekend blocked U.S. District Judge David Ezra’s sweeping rejection of the law signed by Republican Gov. Greg Abbott, which for months has unveiled a series of escalating border measures that have stretched the nation’s borders have put to the test. how far a state can go to prevent migrants from entering the country.
The law will come into effect on Saturday unless the Supreme Court intervenes. The Justice Department told the court that the law would profoundly change “the status quo that has existed between the United States and the United States in the context of immigration for nearly 150 years.”
It further argued that the law would have “significant and immediate negative consequences” for the country’s relationship with Mexico and “create chaos” in the enforcement of federal immigration laws in Texas.
It is not clear how quickly the court will rule.
In a 114-page ruling Thursday, Ezra rebuked immigration enforcement in Texas and dismissed claims by Republicans of an ongoing “invasion” along the southern border due to record high illegal border crossings.
Ezra added that the law violates the supremacy clause of the U.S. Constitution, conflicts with federal immigration law and could interfere with U.S. foreign relations and treaty obligations.
According to Ezra’s ruling, allowing Texas to replace federal law as a result of an “invasion” “would amount to the nullification of federal law and authority — an idea that is contrary to the Constitution and has been in violation since the Civil War.” has been unequivocally rejected by federal courts.”
Ezra also said the Texas law was strikingly similar to Arizona’s 2010 attempt to control immigration, which opponents dubbed the “show me your papers” law. That law was partially struck down by the U.S. Supreme Court — a ruling Ezra cited in his decision that gave the federal government power over immigration enforcement.
Under Texas law, state officials can arrest people suspected of entering the country illegally. Once in custody, arrested people can comply with a Texas judge’s order to leave the country or face charges of a crime for entering the U.S. illegally. Migrants who do not leave after being ordered to do so may be rearrested and charged with a more serious crime.
Republicans who support the bill have said it would not target immigrants already living in the U.S. because the two-year statute of limitations on the illegal entry fee would only be enforced along the state’s border with Mexico.
Texas has been arresting migrants for years under a different program based on criminal misdemeanor arrests.
While Ezra said some sympathize with Texas officials’ concerns about the federal government’s immigration enforcement, he said that was not enough to excuse a violation of the U.S. Constitution.
The battle over Texas’ immigration law, known as Senate Bill 4, is one of several legal disputes between Texas officials and the Biden administration over how far the state can go to patrol the Texas-Mexico border and prevent illegal crossings.
Several Republican governors have supported Abbott’s efforts, saying the federal government is not doing enough to enforce existing immigration laws.
Some of Abbott’s efforts to hinder illegal border crossings include a floating barrier in the Rio Grande — which Ezra previously blocked and is part of an ongoing legal battle — and installing razor wire along the state’s border with Mexico. State rangers also denied U.S. Border Patrol agents access to a riverside park in Eagle Pass that was previously used by federal agents to process migrants.
___ Whitehurst reported from Washington.