Texas National Guard Spc. Victoria Morgan walks by razor wire along the Rio Grande at Shelby Park in Eagle Pass on Feb. 1, 2024.Alito’s latest order gives the court until Monday to determine if Texas can enforce the law while a lower court, the 5th U.S. Circuit Court of Appeals, considers whether SB 4 is constitutional., arguing that the law violates the Constitution because it undermines the federal government’s authority over immigration enforcement and foreign policy.
Gov. Greg Abbott and other Texas officials have defended the measure, saying it’s a necessary response to an “invasion” of undocumented migrants crossing into Texas that the Biden administration has failed to stop.in a ruling that called SB 4 “patently unconstitutional” based on a 2012 Supreme Court ruling that struck down a similar Arizona law.
Texas appealed, and the 5th Circuit Court responded by allowing the state to enforce SB 4 during the appeals process. The Supreme Court will determine whether Texas can enforce the law while the 5th Circuit Court considers the case., Austin Bureau Correspondent. Aarón is an Austin native who previously covered local government for The Kansas City Star and high school sports for the Knoxville News Sentinel. He is a University of Texas graduate, and Spanish is his first language.
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