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| Reuters |
The Supreme Court temporarily blocked this Monday the implementation of a controversial Texas law that allows police authorities to detain and expel migrants suspected of having entered the United States illegally, which was due to take effect next Sunday.
The order issued by conservative judge Samuel Alito is in response to an emergency request submitted by President Joe Biden's government.
The law, passed last year by the Texas legislature, is one of the most drastic anti-immigrant measures in American history.
Last week, a federal magistrate in Texas had already postponed the implementation of the measure following a lawsuit by several organizations and El Paso County, Texas, alleging that the law is unconstitutional because local authorities do not have jurisdiction to take measures in immigration matters that are the responsibility of the federal government.
But the Fifth Circuit Court of Appeals overturned the magistrate's decision, taking the legal battle to the highest court.
Samuel Alito has given until March 13 for the Supreme Court justices to determine the next steps in this new legal fight between Texas and the Biden government.
Law SB 88-4 makes it a misdemeanor for a foreigner to "enter or attempt to enter the state from a foreign nation" irregularly. The offense becomes a serious crime, punishable by up to 20 years in prison, if the offender is a repeat offender.
The initiative also allows state justice to order the expulsion of people without due process. Likewise, police officers will be able to arrest any individual they suspect has entered the country illegally, and will have the discretionary power to expel them to Mexico instead of arresting them.
In Monday's emergency presentation, U.S. Attorney Elizabeth Prelogar argued that SB 88-4 is "roundly inconsistent" with the precedent of the highest court's rulings.
"These decisions recognize that the authority to admit and remove non-citizens is an essential responsibility of the national government," Prelogar wrote in the court documents cited by NBC.
Texas Attorney General, Republican Ken Paxton, lamented in a message on X the temporary block, but warned that he will continue to defend the law.
For their part, the plaintiffs led by the American Civil Liberties Union (ACLU) of Texas said in a statement that the law "will lead to racial discrimination" throughout the state, especially against Hispanics.
"We urge the Supreme Court to overturn the administrative suspension of the appeals court and preserve the decision that prevents this harmful law from taking effect," added the organizations and migrant advocates.