Appeals court reverses lower court ruling: Police in Texas can now arrest illegal migrants starting March 11 – UPDATE: Supreme Court issues temporary stay
03/06/2024 // Ethan Huff // Views

The legal battle over Senate Bill 4 in Texas has reached another milestone after a federal appeals court allowed the law to persist, this after a lower court struck it down.

SB 4 authorizes local police in the Lone Star State to arrest illegal migrants, which some say impacts immigration enforcement at the federal level. The Supreme Court will have the ultimate say on SB 4's validity.

For the time being, though, SB 4 is the law of the land in Texas as of March 9, granting local police the authority to round up illegal migrants and send them back from whence they came.

U.S. District Court Judge David Alan Ezra initially blocked the law's implementation amid a legal challenge against Texas by the Department of Justice (DoJ).

In celebration of the federal appeals court ruling, Texas Gov. Greg Abbott, a Republican, highlights the constitutional right of Texans to defend themselves against what he described as President Biden's failure to secure the border.

"Texas has the constitutional right to defend itself because of President Biden's ongoing failure to fulfill his duty," Abbott said.

"We will not back down in our fight to protect Texas. This case will ultimately be decided by the U.S. Supreme Court."

(Related: Did you hear? Darien Gap's San Vicente migrant camp partially burned down after a migrant fight led to vandalism and violence.)

Immigration, a state or fed issue?

Judge Ezra's concerns about the bill have to do with what he says is the federal government's exclusive authority to regulate immigration without interference or usurpation by individual states.

An appointee of President Reagan, Judge Ezra warned that SB 4 "threatens the fundamental notion that the United States must regulate immigration with one voice," adding that allowing Texas to enforce SB 4 could lead to disjointed immigration enforcement across the land.

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The DoJ maintains a similar argument against Texas, challenging the state's unilateral move to arrest migrants who cross the border illegally without Customs and Border Patrol (CBP) involved.

Gov. Abbott says SB 4 is necessary due to a record number of illegal border crossings in Texas as of late.

The fate of SB 4 is now in the hands of the Supreme Court, which could rule either way on its constitutionality. Time will tell.

On X, Gov. Abbott noted that SB 4 will persist "unless the Supreme Court intervenes by March 9."

Former Rep. Louie Gohmert (R-Tex.) thanked Gov. Abbott on X, noting that, in his opinion, it is high past time for the Supreme Court to acknowledge "the critical importance of states helping stop an invasion while protecting themselves and the U.S."

"They used to do that routinely in working with federal immigration officials," Gohmert added. "But that was BB (before Biden)."

Others noted that immigration laws to fix the border are already on the books. The question is: Why are they not being enforced?

"Great news," said another. "Now send them all back instead of seeding sanctuary cities with illegals."

Another expressed uncertainty about SB 4 once it reaches the Supreme Court, especially in light of the 2012 SCOTUS immigration decision in Arizona.

"You got a temporary stay that is clearly going to SCOTUS and is going to have to face a precedent," this person said to Gov. Abbott, referring to the 2012 Arizona immigration law decision.

"You aren't scooting around on solid ground, and as a former lawyer, you should know that."

The latest news about the illegal invasion of America can be found at

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