US Supreme Court Allows Texas to Arrest and Deport Illegal Immigrants

Biden Administration's Emergency Stay Request Denied

The U.S. Supreme Court has allowed the enforcement of a Texas state law that permits the arrest and deportation of illegal immigrants. The Biden administration had requested an emergency injunction, arguing that immigrant deportation is an exclusive federal authority, but the court rejected the request.

On the 19th (local time), the U.S. Supreme Court declined the Biden administration's request to temporarily block the Texas law that allows the arrest and deportation of people who entered the country illegally.

The court did not provide an explanation for its decision, following the usual practice when issuing emergency orders. However, Justice Amy Coney Barrett, one of the six conservative justices who supported the decision, referenced the ongoing substantive lawsuit in the appellate court, stating that "it is unwise for the court to make an urgent legal judgment on whether the appellate court abused its discretion at the preliminary stage."

Earlier, in December last year, the Texas governor signed the immigration enforcement law 'SB4,' which allows the arrest and deportation of immigrants who crossed the border illegally into the United States. The Biden administration filed an emergency injunction, arguing that the law infringes on federal authority. According to U.S. federal immigration law, only the federal government has the authority to deport illegal immigrants. In contrast, Texas claims that deportation of illegal immigrants is possible based on the federal constitution and is opposing the federal government.

The district court accepted the Biden administration's request and issued a preliminary injunction to block the law, but the Fifth Circuit Court of Appeals, the second instance court, dismissed it. The appeals court intended to allow the law's enforcement first and then issue a substantive ruling. The Biden administration again requested an emergency injunction from the Supreme Court but ultimately failed to prevent the law's enforcement. SB4 was originally scheduled to take effect earlier this month. Its enforcement was postponed twice due to the prolonged Supreme Court review, but with this decision, Texas is now allowed to arrest and forcibly deport illegal immigrants for the time being.

With illegal immigration emerging as a major issue in the upcoming U.S. presidential election in November, analysts say this ruling could deal a significant blow to President Biden. The Biden administration had pursued a lenient immigration policy but recently shifted its stance to strengthen border controls amid a surge in illegal immigration and worsening public opinion.

Bloomberg News reported, "Voters are not giving Biden high marks for border management," adding, "Immigration is one of the biggest headaches for him as he faces a rematch against Donald Trump."

Meanwhile, the Fifth Circuit Court of Appeals is currently reviewing the legal legitimacy of SB4 in the substantive lawsuit following the Biden administration's filing. Oral arguments are scheduled for the 3rd of next month.