A federal appeals court late Tuesday night put Texas’ controversial immigration law back on hold, hours after the Supreme Court had cleared the way for the state to begin enforcing the measure.
In a brief order, a three-judge panel at the 5th US Circuit Court of Appeals voted 2-1 to wipe away a previous ruling from a different panel that had temporarily put the law, which would allow state officials to arrest and detain people they suspect of entering the country illegally, into effect.
The panel of judges that issued Tuesday night’s order is already set to hear arguments Wednesday morning on Texas’ request to put the law, Senate Bill 4, back into effect pending the state’s appeal of a federal judge’s block on the law.
One member – Circuit Judge Andrew Oldham – publicly dissented, saying he would let the law remain in effect for now.
“I would leave that stay in place pending tomorrow’s oral argument on the question,” he wrote.
The legal jockeying over SB 4 had made its way all the way to the Supreme Court, which earlier Tuesday cleared the way for the measure to go into effect after the justices rejected emergency appeals from the Biden administration and others. The decision had handed a significant – yet temporary – win to Texas, which has been battling the Biden administration over immigration policy.
Hours later, the appeals court scheduled oral arguments over whether to block the law while it considers the legal challenges to it. The court set Wednesday’s virtual oral arguments for 11 a.m. ET.
Regardless of how the 5th Circuit acts following Wednesday’s arguments, the appeals court will still hold arguments next month over whether the law is unconstitutional and should be blocked indefinitely.
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