(NewsInsights.org) – Several pundits have used “whiplash” to describe the fast-paced reversals that Texas Senate Bill 4 (SB-4) has seen recently. The legal maneuvering landed the fate of SB-4 back in the Fifth Circuit Appellate Court on March 20. A three-judge panel has slowed the Texas law on illegal migrants.
The legislation seeks to make crossing the border illegally a Class B misdemeanor. Repeat offenders could face second-degree felony charges. However, the federal government, the ACLU, and several immigrant advocacy groups sued in Federal court to strike the law from the books and obtain a temporary injunction to keep the statute from taking effect.
A February 29 District Court injunction initially stopped the law from taking effect until a March 2 Fifth Circuit Appellate Court administrative stay on the injunction allowed the statute to take effect. However, a March 4 appeal to Supreme Court Justice Samuel Alito garnered another administrative stay, putting the District Court injunction back in play.
On March 18, Justice Alito’s administrative stay expired. He belatedly extended the measure several hours after it expired. SCOTUS reviewed the case the following day. It removed Alito’s stay, sending the case back to the Fifth Circuit Appellate Court. The decision allowed enforcement of SB-4.
Later that evening, two members of a three-judge panel from the Fifth Circuit Court voted to lift the administrative stay, leaving the District Court’s temporary injunction against SB-4 in force and, once again, curtailing enforcement of the new law. The following day (March 20), the panel heard arguments from Texas Solicitor General Aaron Nielson about why they should consider reinstating a stay against the injunction while adjudicating the appeal.
Nielsen argued that SB-4 mirrored federal law. He asked the judges to allow Texas to continue to arrest violators even if they didn’t let the state deport them during the appeals process. He said police could turn violators it captured over to federal authorities. One of the judges pointed out that SB-4 made no provision for law enforcement agencies to turn immigrants over to federal custody.
The court scheduled another hearing for April 2. When the panel might issue a decision remains unclear. However, regardless of their decision, the case will likely return to the Supreme Court, appealed by whichever side loses.
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