, the governor of Texas, watched his dream of a state-run immigration policy become reality this week. On March 19th America’s Supreme Court ruled that Texas could—at least temporarily—enforce4), a law that makes it a state crime for migrants to cross Texas’s border with Mexico between legal ports of entry . The bill gives local police the authority to arrest people they suspect of coming to America illegally and empowers state judges to order deportations.
But Mr Abbott’s triumph lasted less than nine hours. The Supreme Court’s emergency ruling was a stopgap that lobbed the question of4’s legality down to the Fifth Circuit Court of Appeals, the region’s federal appellate court. That night three judges in New Orleans decided to put the law on hold while they deliberate on its merits in the coming weeks.
To persuade the court Texas’s lawyers will have to prove two things. First, that the migrants pose enough of a threat to justify declaring war against them. And, second, that Texas can override federal law in order to defend itself. That will be hard. Appellate courts in California, New York and Pennsylvania have interpreted the constitution’s reference to invasion to mean armed hostility by political enemies or foreign armed forces.
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