The emergency request made by President Joe Biden’s administration to block the enforcement of a new law in Texas, allowing police to arrest illegal migrants crossing into the state from Mexico, was rejected by the US Supreme Court in a 6-3 ruling issued on Tuesday. Despite the ongoing legal challenges in lower courts through a US Department of Justice lawsuit, the new law will now be allowed to go into effect.
Texas Governor Greg Abbott expressed his approval of the Supreme Court’s decision, referring to it as a “clearly positive development” while acknowledging that the legal battle with the Biden administration is far from over. Texas, under Republican governance, has been leading a movement advocating for stronger border security in response to the increasing number of illegal migrants crossing into the state from Mexico.
Governor Abbott has taken measures such as deploying National Guard troops and state troopers to reinforce the border, defying President Biden’s calls to cease such actions and criticizing the federal government for failing in its constitutional duty to protect the states. The controversial new law, SB4, grants state and local law enforcement the authority to arrest illegal border crossers and allows Texas judges to order their deportation, a move contested by the Biden administration, which argues that border security falls under federal jurisdiction.
White House press secretary Karine Jean-Pierre expressed strong disagreement with the Supreme Court’s decision, stating that SB4 will not only compromise safety in Texas communities but also create challenges for law enforcement and cause confusion at the southern border.
The three justices nominated by Democrats dissented from the high court’s decision, which was split along political lines between the six judges nominated by Republican presidents and those who supported the Texas legislation. Justice Sonia Sotomayor dissenting observed, “The court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos.”
Critics of Biden contend that his policies have created havoc at the border, permitting unprecedented numbers of undocumented migrants—among them, potential terrorists—and escalating drug trafficking. In an effort to raise awareness of the border situation, Abbott and other Republican governors have sent busloads of undocumented immigrants to Democratic-led cities like New York and Chicago. Mayor Eric Adams of New York has cautioned that the
