Supreme Court extends stay on controversial Texas immigration law

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Justice Samuel Alito extended a stay that had been set to expire Monday at 5 p.m. ET. The stay will now be in place indefinitely.

The U.S. Supreme Court has extended a stay on Texas' practice of arresting people who cross the U.S.-Mexico border to enter the country illegally.

The law Abbott signed in December would allow any Texas law enforcement officer to arrest people suspected of entering the country illegally. Once in custody, migrants could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don’t leave could face arrest again under more serious felony charges.

Critics, including Mexico President Andrés Manuel López Obrador, have said the law could lead to racial profiling and family separation. American Civil Liberties Union affiliates in Texas and some neighboring states issued a travel advisory warning of a possible threat to civil and constitutional rights when passing through Texas.

But Republican state Rep. David Spiller, the author of the law, has said he expects the vast majority of arrests would occur within 50 miles of the U.S.-Mexico border. Texas' state police chief has expressed similar expectations. Amrutha Jindal, executive director at Lone Star Defenders Office, said her organization expects the law would be enforced in border counties. Her office already represents migrants who have been arrested since 2021 under a more limited Texas operation that has charged thousands of migrants with trespassing on private property.Is the law constitutional?

Opponents have called the measure the most dramatic attempt by a state to police immigration since a 2010 Arizona law — denounced by critics as the “Show Me Your Papers” bill — that was largely struck down by the U.S. Supreme Court. Ezra cited the Supreme Court's 2012 Arizona ruling in his decision.What is happening on the border?

 

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