The law, known as Senate Bill 4, would take effect Saturday and allow state officials to arrest people suspected of entering the country irregularly.
A US Supreme Court judge temporarily blocked a bill that would give Texas authorities draconian powers to arrest and expel migrants and refugees who enter the country without documents.
An order issued Monday by Justice Samuel Alito puts the legislation on hold at least until next week, when the court will take another look at it.
Opponents have called the measures, which would give state officials broad powers to arrest, prosecute and order the removal of people who cross the border from Mexico irregularly, the most dramatic attempt by a state to police immigration since A law was passed in Arizona more than a decade ago. .
Known as Senate Bill 4, the law was set to take effect Saturday thanks to a decision by the conservative-leaning U.S. Court of Appeals for the Fifth Circuit. Alito's order pushes that date back to March 13. The delay came just hours after the Justice Department asked the Supreme Court to intervene.
“Make no mistake: SB 4 circumvents federal immigration authority and threatens the integrity of our nation's constitution and laws,” a coalition of groups that took legal action against the bill, including the Union, said in a statement. American Civil Liberties.
Texas Republican Gov. Greg Abbott signed the law in December as part of a series of escalating border measures that have tested the limits of how far a state can go to prevent migrants from entering the country.
The legislation would allow state officials to arrest people suspected of entering the country illegally. Those arrested could then accept a Texas judge's order to leave the country or face a misdemeanor charge.
Those who do not leave after being ordered to do so could be arrested again and charged with a more serious crime.
'Continuing crisis on the southern border'
The Justice Department told the Supreme Court that the law would profoundly alter “the status quo that has existed between the United States and the United States in the context of immigration for nearly 150 years.”
He went on to argue that the law would have “significant and immediate adverse effects” on the country’s relationship with Mexico and “create chaos” in the enforcement of federal immigration laws in Texas.
The federal government cited a 2012 Supreme Court ruling on an Arizona law that would have allowed police to arrest people for federal immigration violations, which opponents often refer to as the “show me your papers” bill. ”.
The divided high court concluded that the impasse in Washington over immigration reform did not justify state intrusion.
The Supreme Court gave Texas until March 11 to respond.
In a statement, the Texas Attorney General's Office said the bill reflects federal law and “was adopted to address the ongoing crisis at the southern border, which harms Texans more than anyone.”
The federal government's emergency request to the Supreme Court came after a federal appeals court over the weekend stayed U.S. District Judge David Ezra's sweeping rejection of the law.
In a 114-page ruling Thursday, Ezra rebuked Texas immigration enforcement and dismissed Republican claims of an ongoing “invasion” along the southern border due to a record number of illegal crossings.
Ezra added that the law violates the supremacy clause of the US Constitution, conflicts with federal immigration law and could impede US foreign relations and treaty obligations.
The battle over Texas immigration law is one of multiple legal disputes between Texas officials and the Biden administration over how far the state can go to patrol the Texas-Mexico border and prevent illegal border crossings.
Several Republican governors have backed Abbott's efforts, saying the federal government is not doing enough to enforce existing immigration laws.
