The law would let state and local police arrest undocumented immigrants and allow state judges to deport them.
SB 4 allows local law enforcement to arrest migrants who have entered the country illegally and allows state judges to give deportation orders to migrants – actions that fall under federal, not state, jurisdiction, the Biden administration argues.Tuesday’s ruling hinged on the 5th Circuit Court’s use of an “administrative stay” to allow Texas to enforce SB 4.
“I think it unwise to invite emergency litigation in this Court about whether a court of appeals abused its discretion at this preliminary step — for example, by misjudging whether an administrative stay is the best way to minimize harm while the court deliberates,” she wrote. SB 4 created two state crimes for migrants who cross into Texas illegally — illegal entry from a foreign country, a Class B misdemeanor with a jail term of up to six months and a $2,000 fine; and illegal reentry into the state from a foreign country, a Class A misdemeanor with up to one year in jail and a $4,000 fine for repeat offenders.
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