A federal appeals court early on Wednesday extended its hold on a new Texas immigration law, meaning the measure cannot go into effect while litigation continues.

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals on a 2-1 vote said in a decision issued overnight that the statute, known as Senate Bill 4, should remain blocked. The same court temporarily froze the law March 19, just hours after the Supreme Court said it could go into effect.

“For nearly 150 years, the Supreme Court has held that the power to control immigration — the entry, admission, and removal of noncitizens—is exclusively a federal power,” Judge Priscilla Richman wrote for the majority.

She cited in part a 2012 Supreme Court ruling that invalided a similar law in Arizona.

Whatever the state’s criticisms about the federal government’s “actions and inactions” on immigration, it is the president’s role “to decide whether, and if so, how to pursue noncitizens illegally present in the United States,” Richman wrote.

The state law would allow police to arrest migrants suspected of illegally crossing the border from Mexico and impose criminal penalties. It would also empower state judges to order people to be deported to Mexico.

The dispute is the latest clash between the Biden administration and Texas over immigration enforcement on the U.S.-Mexico border.

Texas could potentially now ask the Supreme Court to allow the law to go into effect. In the meantime, the appeals court holds another hearing on April 3.

Richman and Judge Irma Carrillo Ramirez voted to block the law. Judge Andrew Oldham voted for it to go into effect.

Richman and Oldham are both Republican appointees, while Ramirez was appointed by President Joe Biden.

It was the same lineup of judges that issued the temporary block.

Oldham wrote a lengthy dissenting opinion saying the law should not be blocked in full because of hypothetical concerns about how it would be enforced.

Because of the federal government’s struggles to control immigration, “the state is forever helpless” to respond if it cannot legislate on the issue, he said.

“Texas can do nothing because Congress apparently did everything, yet federal non-enforcement means Congress’s everything is nothing,” Oldham wrote.

A federal judge blocked the law after the Biden administration sued, but the appeals court initially said in a brief order that it could go into effect March 10 if the Supreme Court declined to intervene. In the meantime, the appeals court delayed a decision on whether to impose a more permanent block during Texas’ appeal.

The Supreme Court initially put the law on hold while it determined what steps to take, but on March 19 said it would allow the measure to go into effect, with the understanding that the appeals court would act quickly on the underlying case.

The Supreme Court’s order prompted alarm among immigrant rights activists amid confusion on the ground about whether the law could be enforced immediately.

The appeals court appeared to get the message and immediately imposed the new hold on the law while it considered Texas’ appeal of the district court injunction.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like
Knicks watch party to be held at Bryant Park after NYC axed planned event outside MSG

Bryant Park to Host Knicks Watch Party Following NYC’s Cancellation of MSG Event

In an exciting update for Knicks fans, Bryant Park has been designated…
Carmelo Rosi gets surprise of a lifetime from Carmelo Anthony

NBA Legend Carmelo Anthony Delivers Unforgettable Surprise to Namesake Fan Carmelo Rosi

Twelve-year-old Carmelo Rosi’s allegiance to the New York Knicks was practically predestined.…
Former Indiana cop found guilty of sexually assaulting 14-year-old runaway while on duty

Ex-Indiana Officer Convicted for On-Duty Assault of Teen Runaway: A Shocking Betrayal of Trust

A former police officer from Indiana has been convicted of sexually assaulting…
I 290 explosion: Jorge Vaca, Cicero, Illinois man, died near Mannheim Road in incident that left Eisenhower Expressway shut down

Explosion on I-290 Claims Life of Cicero Resident Jorge Vaca, Shutting Down Eisenhower Expressway Near Mannheim Road

WESTCHESTER, Ill. — Authorities have released the identity of the man who…
Trump blasts 'crooked' California elections as Spencer Pratt falls into 3rd place in LA primary

Trump Criticizes California Elections as Spencer Pratt Drops to Third in Los Angeles Primary

In a heated outburst, President Trump branded the California primaries as “crooked,”…
7.8-magnitude earthquake shakes part of southern Philippines, tsunami possible for some coasts

Powerful 7.8 Earthquake Strikes Southern Philippines, Tsunami Alert Issued for Coastal Areas

The southern Philippines was rocked by a powerful earthquake measuring 7.8 in…
Target recalls Up&Up baby wipes due to potential bacterial contamination

Target Issues Recall of Up&Up Baby Wipes Amid Bacterial Contamination Concerns

Target is taking precautionary measures by recalling certain Up & Up brand…
A trailer carrying fireworks burns on Interstate 75 in Tennessee as emergency crews respond and smoke billows into the sky.

Watch: Explosive Fireworks Incident Shuts Down I-75 with Spectacular Blaze

A dramatic scene unfolded on a Tennessee interstate Saturday night when a…
NBC reporter's six-word claim about California elections that sparked Trump storming off

NBC Reporter’s Six-Word Statement on California Elections Provokes Trump’s Abrupt Exit

During an interview on Sunday, President Trump abruptly ended a conversation with…
Kamala Harris eyes possible 2028 comeback, but some former allies look to 'fresh' faces

Kamala Harris 2028: Can She Overcome Political Hurdles and Capture America’s Attention?

Former Vice President Kamala Harris has hinted at the possibility of a…
NYPD cop appears to slam Knicks fan head into pole during arrest at Madison Square Garden celebration: video

NYPD Officer Allegedly Seen Forcibly Restraining Knicks Fan Against Pole Amidst Madison Square Garden Celebrations: Video Emerges

A shocking video has surfaced showing an NYPD officer forcefully pushing a…
5 stabbed in bloody attack inside Penn Station -- suspect in custody

Five Individuals Stabbed in Violent Incident at Penn Station; Suspect Apprehended

Authorities have reported that a stabbing incident at Penn Station on Sunday…