Biden Administration On Edge As Texas’ SB4 Bounces Between Courts

SB4, a controversial Texas law allowing the state to arrest and deport illegal border crossers, was enforceable for a few short hours before being put on hold again, as the courts and the White House struggle to decide whether Texas can protect its border.

SB4 makes crossing the U.S. border illegally a crime in the state of Texas and allows state officers to arrest offenders, send them to jail for up to six months and then deport them. The law aims to fill the gaps left by the Biden administration’s poor handling of the southern border, by putting the power of deportation in the hands of the state.

The power to enforce the border and deport immigrants has been historically exersiced only by the federal government, making the bill a bit of a grey area where the constitution is concerned. While supporters of the bill point out that the southern border crisis easily qualifies as an invasion, making the bill constitutional, others are concerned that the states shouldn’t have the power to influence foreign affairs.

Because of these concerns, the law was brought to court. The case’s original judge issued a preliminary injunction to block the law from being enforced during the case. Texas appealed the injunction, and the 5th U.S. Circuit Court of Appeals decided against it, issuing a stay on the injunction.

However, the 5th U.S. Circuit Court of Appeals also placed a hold on the injunction’s stay, giving the Supreme Court a week to weigh in on the matter, if they so desired, before the law was enforced.

The Biden administration strongly opposes the law, claiming that immigration falls solely within the federal government’s control. While no one argues that immigration is the federal government’s responsibility, Biden’s spectacular failures where immigration is concerned are forcing border states like Texas to take matters into their own hands.

Biden’s administration was so threatened by the law that they couldn’t wait for the court to decide and brought it directly to the Supreme Court in an emergency request. In a major blow to the White House, the Supreme Court allowed the law to go into effect but left the question of the law’s constitutionality to the 5th U.S. Circuit Court of Appeals, urging them to decide quickly.

“If a decision does not issue soon, the applicants may return to this court,” Justice Amy Coney Barrett wrote.

The lower court then decided to put the law on hold once again while waiting for a desicion.

The issue could quickly become an international one, too. Mexico’s president has stated that they don’t intend to take back the expected outpouring of illegal immigrants, forcing the Biden administration to play peacekeeper amid the consequences of its own inaction.

All Texas can do now is wait for the court’s verdict.