The Supreme Court on Tuesday cleared the way for Texas to immediately begin enforcing a controversial immigration law that allows state officials to arrest and detain people they suspect of entering the country illegally.
The court’s three liberals dissented.
Legal challenges to the law are ongoing at a federal appeals court, but the decision hands a significant – yet temporary – win to Texas, which has been in an ongoing battle with the Biden administration over immigration policy.
The court had been blocking the law from taking effect, issuing an indefinite stay on Monday, which was wiped away by Tuesday’s order.
Senate Bill 4, signed into law by Texas Republican Gov. Greg Abbott in December, immediately raised concerns among immigration advocates of increased racial profiling as well as detentions and attempted deportations by state authorities in Texas, where Latinos represent 40% of the population.
As is often the case in emergency applications, the court did not explain its reasoning.
However, a concurring opinion written by Justice Amy Coney Barrett, joined by Justice Brett Kavanaugh, explained that the appeals court had only handed down a temporary “administrative” order.
“So far as I know, this court has never reviewed the decision of a court of appeals to enter – or not enter – an administrative stay,” Barrett wrote. “I would not get into the business. When entered, an administrative stay is supposed to be a short-lived prelude to the main event: a ruling on the motion for a stay pending appeal.”
Barrett said she thought it was “unwise to invite emergency litigation in this court about whether a court of appeals abused its discretion at this preliminary step.”
Liberal…
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