Migrants from Venezuela walk behind a US Border Patrol agent to a processing area after they crossed the Rio Grande in Eagle Pass, Texas, on September 24, 2023.The conservative-majority court, with three liberal justices dissenting, rejected an emergency request made by the Biden administration, which said states have no authority to legislateThat means the law can go into effect while litigation continues in lower courts. It could still be blocked at a later date.
The dispute is the latest clash between the Biden administration and Texas over immigration enforcement on the U.S.-Mexico border. Solicitor General Elizabeth Prelogar said in court papers that the Texas law is "flatly inconsistent" with Supreme Court precedent dating back 100 years. "A surge of unauthorized immigration plainly is not an invasion within the meaning of the State War Clause," Prelogar wrote.
Texas is "the nation's first-line defense against transnational violence and has been forced to deal with the deadly consequences of the federal government's inability or unwillingness to protect the border," Paxton said.
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