After a day of whiplash federal court rulings that eventually led to the blocking of Texas’ new boundary-testing immigration enforcement law, the U.S. 5th Circuit Court of Appeals heard arguments Wednesday on whether Senate Bill 4 should go back into effect while the broader legal case plays out.
“S.B. 4 is a modest but important statute,” Texas Solicitor General Aaron Nielson told the judges during the hearing. “It's modest because it mirrors federal law. It's important because it helps address what even the president has called a border crisis.”The law was initially put on hold by a federal district judge after the federal government and civil rights groups sued to block its implementation. But on Tuesday, the U.S. Supreme Court let it go into effect for about eight hours.
The judges on the appeals panel during Wednesday’s morning hearing were: Priscilla Richman, a nominee of George W. Bush; Irma Carrillo Ramirez, a Biden nominee; and Andrew Oldham, a Trump nominee who dissented in Tuesday night’s ruling. Oldham, who was previously the general counsel for Gov.
Lawyers for the U.S. Department of Justice and immigrant rights organizations also presented arguments saying that S.B. 4 preempts federal law. Tuesday night’s decision caused some observers to suspect that Texas faces long odds on getting the 5th Circuit to immediately allow the law to go back into effect. Raffi Melkonian, an appellate lawyer in Houston who tuned into the court hearing, said he doesn’t believe Texas’ lawyer was able to convince the majority of the panel.
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