Appeals Court Puts Texas Immigration Law on Hold Again
The law went temporarily into effect after a Supreme Court ruling. But hours later, an appeals court unexpectedly issued an order effectively blocking the law’s implementation.
Published March 19, 2024Updated March 20, 2024, 4:34 p.m. ET
El Paso
Pinned
The State of Texas late Tuesday was once again prevented from enforcing a strict new immigration law that gives local police agencies the power to arrest migrants who cross the border without authorization.
The order, issued by a Fifth Circuit Court of Appeals panel before midnight, capped a day of legal whiplash and came just hours after the U.S. Supreme Court allowed the law to temporarily go into effect.
March 20, 2024, 12:49 a.m. ETMarch 20, 2024
Here is the
brief, late-night federal appeals court order that effectively again blocked the Texas law hours after the U.S. Supreme Court had cleared the way for it to take effect.
Richi Silva, 32, a native of Venezuela, and his wife, Karlina Pagola, with their children, Richelys, Abraham and Reiker, in Brownsville, Texas, on Tuesday.Verónica G. Cárdenas for The New York Times
Migrants newly arrived in Texas were already expressing worry on Tuesday over whether they could face arrest by state authorities under the state’s new immigration law.
In the border city of Brownsville, a group of them gathered through the afternoon and evening near the international bridge that connects the city to Mexico. Most had managed to score an appointment with Customs and Border Protection officials through an app, CBP One, meaning they had entered the country legally and were making a plea for asylum through the official channels.
Read the Federal Appeals Court Order
The U.S. Court of Appeals for the Fifth Circuit issued a new order effectively again blocking a Texas law that would make it a crime to cross into the state from Mexico without authorization.
March 19, 2024, 9:13 p.m. ETMarch 19, 2024
Reyes Mata III
Reporting from El Paso
Gate 36 of the border wall, typically one of the spots in El Paso where high numbers of migrants cross, is quiet tonight. A United States Customs and Border Protection agent I spoke with here described his shift so far as “pretty peaceful.”
March 19, 2024, 9:03 p.m. ETMarch 19, 2024
Reyes Mata III
Reporting from El Paso
About 50 migrants, most single men and boys from Venezuela, were gathered on a sidewalk outside a church in El Paso on Tuesday. One of them, Franklin Arguita, 42, said he worried that the new Texas law would make it harder to bring his family to the United States. “I am a bit afraid that they can arrest you if you don’t have your papers all set. All we want to do is work, to help our families,” he said
Asylum seekers waited along a border fence to be processed in Sasabe, Arizona, in February.Rebecca Noble for The New York Times
The Supreme Court’s decision on Tuesday allowing Texas to arrest and deport migrants resonated deeply in Arizona, which passed its own divisive crackdown against illegal immigration more than a decade ago.
Arizona’s effort, which became known as the “show me your papers” law, set off a torrent of fear and anger after it passed in 2010 and jolted the state’s politics in ways that are still reverberating — offering a lesson of what could lie ahead for Texas.
Mexican nationals walked across the Gateway International Bridge into Mexico after being deported by U.S. immigration authorities in 2021.John Moore/Getty Images
Mexico will not accept deportations made by Texas “under any circumstances,” the country’s foreign ministry
said on Tuesday in response to the U.S. Supreme Court’s decision to allow Texas to arrest migrants who cross into the state without authorization.
The ministry condemned the state law, known as Senate Bill 4, saying it would separate families, violate the human rights of migrants and generate “hostile environments” for the more than 10 million people of Mexican origin living in Texas.
Gov. Kim Reynolds of Iowa said she plans to sign a bill that would make it a state crime to enter Iowa after being deported or denied entry into the United States.Jordan Gale for The New York Times
Iowa lawmakers passed a
bill on Tuesday that would make it a crime to enter the state after being deported or denied entry into the United States. The passage puts the Midwestern state on track to join Texas in enforcing immigration outside the federal system.
The Iowa bill, which passed on the same day that the Supreme Court had briefly allowed Texas to enforce a new law empowering police officers to arrest unauthorized migrants, now goes to the desk of Gov. Kim Reynolds, a Republican, who said she planned to sign it.
Migrants waited to be led to buses by Border Patrol agents in December.Paul Ratje for The New York Times
The Supreme Court decision that briefly allowed a Texas immigration law, S.B. 4, go into effect on Tuesday was distinctly reminiscent of a similar ruling in 2021, one that let a Texas abortion law, S.B. 8, come into force.
That law, which effectively imposed a six-week ban on abortions in the state months before the Supreme Court eliminated the right to abortion in 2022, was devised to avoid review in federal court. The “administrative stay” entered by the U.S. Court of Appeals for the Fifth Circuit, which overrode a trial judge’s decision blocking the law, similarly served to avoid immediate review in the Supreme Court.
Migrants after being intercepted by authorities upon crossing into the U.S. from Mexico in Eagle Pass, Texas, earlier this year.Kenny Holston/The New York Times
A new state law that would allow Texas to arrest migrants suspected of crossing the border without authorization has raised concerns from critics that those seeking protection from persecution in their homelands could be deprived of their right to apply for asylum.
The law, which a federal appeals court put on hold in a late-night ruling on Tuesday, would make it a state crime to cross illegally into Texas from Mexico.
March 19, 2024, 7:48 p.m. ETMarch 19, 2024
J. David Goodman
Reporting from Eagle Pass, Texas
The speaker of the Texas House, Dade Phelan, facing a tough reelection fight in his district, lashed out at Texas police agencies and officials who said that they would not prioritize arrests under the new law. “Any local law enforcement agency that refuses to enforce Senate Bill 4 is abandoning their sworn duty,” Phelan said.
Meridith Kohut for The New York Times
March 19, 2024, 7:02 p.m. ETMarch 19, 2024
The Fifth Circuit, the appeals court that covers Texas and had been considering the immigration law, has scheduled arguments for 10 a.m. Central tomorrow on whether a trial judge’s injunction blocking the measure should be allowed to take effect throughout the federal government's appeal. That would mean Texas could not enforce the law.
March 19, 2024, 6:26 p.m. ETMarch 19, 2024
Emiliano Rodríguez Mega
Reporting from Mexico City
Mexico’s top diplomat for North America, Roberto Velasco Álvarez, said on social media that his country would not accept deportations made by the state of Texas, and that immigration policy was a matter for negotiation between federal governments.
March 19, 2024, 6:15 p.m. ETMarch 19, 2024
Mary Beth Gahan
Reporting from Dallas
The police chief in Dallas, the state’s third-largest city, said his department would not begin to enforce the law without “more clarification,” adding that it would need to update procedures and provide additional training to officers before making any changes. Chief Eddie Garcia added that the department would continue to follow a state law that prohibits racial profiling.
March 19, 2024, 6:02 p.m. ETMarch 19, 2024
J. David Goodman
Reporting from Eagle Pass, Texas
I was at the border in Eagle Pass, Texas, when the Supreme Court decision came down this afternoon. None of the National Guard troopers, who are stationed behind rows of concertina wire and metal fencing, appeared immediately aware of the altered legal landscape.
Cheney Orr for The New York Times
March 19, 2024, 6:03 p.m. ETMarch 19, 2024
J. David Goodman
Reporting from Eagle Pass, Texas
I did not see any migrants crossing, either. There has been a sharp decline in migrant arrivals in this area since January.
March 19, 2024, 5:51 p.m. ETMarch 19, 2024
Representative Joaquin Castro, a Democrat, said in a statement that the Supreme Court had undermined its credibility by allowing the law to take effect and “has opted to allow for a trial run of a constitutional crisis.” He called the law “an alarming state overreach that will likely lead to massive civil rights violations across our state.”
Jordan Vonderhaar for The New York Times
March 19, 2024, 5:34 p.m. ETMarch 19, 2024
Gov. Greg Abbott of Texas, a Republican, briefly responded to the court ruling on social media, calling it “clearly a positive development.” U.S. Senate Republicans responded more forcefully, declaring the decision “a big win for those who believe in the rule of law and secure borders.”
Erin Schaff/The New York Times
March 19, 2024, 5:22 p.m. ETMarch 19, 2024
Mary Beth Gahan
Reporting from Dallas
The Worker’s Defense Action Fund, a Texas nonprofit group that supports immigrant workers, condemned the ruling. “SB4 is the most dangerous, hateful and anti-immigrant law the United States has ever seen,” the group's exective director, Lizeth Chacon, said in a statement, adding, “Migrants and the Latin community have historically been used as scapegoats in America’s political chess game, and this is hurting our communities.”
March 19, 2024, 5:21 p.m. ETMarch 19, 2024
Karine Jean-Pierre, the White House press secretary, said in a statement that “we fundamentally disagree” with the Supreme Court order. The state law “will not only make communities in Texas less safe, it will also burden law enforcement, and sow chaos and confusion at our southern border,” she said.
Migrants crawling through razor wire into El Paso, Texas, after crossing the Rio Grande from Mexico last month.John Moore/Getty Images
The Supreme Court temporarily sided with Texas on Tuesday in its increasingly bitter fight with the Biden administration over immigration policy, allowing an expansive state law to go into effect that makes it a crime for migrants to enter Texas without authorization.
As is typical when the court acts on emergency applications, its order gave no reasons. But Justice Amy Coney Barrett, joined by Justice Brett M. Kavanaugh, filed a concurring opinion that seemed to express the majority’s bottom line.
U.S. Border Patrol agents encountering migrants in Eagle Pass, Texas.Michael Gonzalez/Getty Images
A sweeping new Texas law that would empower state and local police officers to arrest migrants who cross into the state from Mexico without authorization faces an uncertain future.
On Tuesday, the U.S. Supreme Court briefly cleared the way for implementation of the law, which the Biden administration has challenged as an unconstitutional infringement on the federal government’s power to set and enforce immigration law.