FILE - Migrants who crossed the Rio Grande and entered the U.S. from Mexico are lined up for processing by U.S. Customs and Border Protection, Sept. 23, 2023, in Eagle Pass, Texas. A divided Supreme Court on Tuesday, March 19, 2024, lifted a stay on a Texas law that gives police broad powers to arrest migrants suspected of crossing the border illegally, while a legal battle over immigration authority plays out.
Chief Judge Priscilla Richman raised a series of questions about how the state law would be carried out, including how Texas would respond if federal authorities don’t cooperate with a state judge’s order to deport someone. No arrests were reported during the hours the law was in effect Tuesday. The Justice Department has argued that Texas’ law is a clear violation of federal authority and will create chaos at the border. Lawyers for the department faced a grilling from Judge Andrew Oldham, who was appointed by Republican President Donald Trump. The third judge on the panel, Judge Irma Ramirez, did not ask questions during the hearing but has previously voted to keep the law on hold.
Regardless of how this three-judge panel rules, the legal fight will hardly be over. The 5th Circuit has been considering the state's appeal of a Under the Texas law, once defendants are in custody on illegal entry charges, they can agree to a judge's order to leave the U.S. or face prosecution. However, Mexico has said it would refuse to take anyone back who is ordered to cross the border.
In Texas, El Paso County Judge Ricardo Samaniego, the top county executive, said immigration enforcement should remain a federal, not state, responsibility, echoing the Biden administration's view. He said heightened law enforcement presence in the city of El Paso during a previous migrant surge brought high-speed chases and traffic stops based on assumptions that passengers were in the country illegally.
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