Supreme Court allows Texas to begin enforcing law that lets police arrest migrants at border

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WASHINGTON — A divided Supreme Court on Tuesday allowed Texas to begin enforcing a law that gives police broad powers to arrest migrants suspected of crossing the border illegally while a legal battle over the measure plays out.

The conservative majority's order rejects an emergency application from the Biden administration, which says the law is a clear violation of federal authority that would cause chaos in immigration law.

It was also unclear where any migrants ordered to leave might go. The law calls for them to be sent to ports of entry along the U.S.-Mexico border, even if they are not Mexican citizens. The Supreme Court's majority did not write a detailed opinion in the case, as is typical in emergency appeals. But the decision to let the law go into effect drew dissents from liberal justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor.

White House press secretary Karine Jean-Pierre called the law “harmful and unconstitutional” and said it would burden law enforcement while creating confusion. She called on congressional Republicans to settle the issue with a federal border security bill. Texas, for its part, has argued it has a right to take action over what authorities have called an ongoing crisis at the southern border. The Texas Department of Criminal Justice said in a statement it is “prepared to handle any influx in population" associated with the state law.

Conservative Justice Amy Coney Barrett suggested her vote in favor of Texas stemmed from the technicalities of the appeals process rather than agreement with the state on the substance of the law.

 

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