The divided 2-1 order from the U.S. Court of Appeals for the 5th Circuit came after a March 20 hearing by a three-judge panel on the court. It’s the latest instance of legal whiplash related to Republican Gov.A Texas National Guard Soldier escorts immigrants back south behind a concertina barrier on the Rio Grande in El Paso, Texas, on Thursday, March 21, 2024. The immigrants were hoping to be processed by Border Patrol.
The challenge to SB 4 is just one of several legal disputes between Republican state officials and the Biden administration over the state’s ability to enforce its own border measures. Other open disputes involve Texas’s placement of razor wire fencing and a 1,000-foot-long floating barrier on the Rio Grande.
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