The one-hour hearing before a three-judge panel of the 5th U.S. Circuit Court of Appeals ended without a ruling, leaving 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 U.S.
Department of Homeland Security has said it would not have authority to deport under the state law. 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. Richman challenged Texas’ assertion that it is exercising a “core police power,” getting Nielsen to acknowledge that deporting people has been a federal responsibility. But Nielsen denied that Texas is “trying to take over the field” on border enforcement and said the state wants to cooperate with the federal government on what is widely acknowledged to be a crisis. Nielsen also said he did not know how the law would affect someone who entered the country illegally but came to Texas from another state
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