Appeals court reverses Supreme Court green light on Texas immigration law 

WASHINGTON (CN) — Only hours after the U.S. Supreme Court said Texas could enforce its new state deportation law, the Fifth Circuit Court of Appeals issued a late-night order blocking the law again. 

The whiplash marks the second time Texas’ Senate Bill 4 has briefly gone into effect before being put on hold again since the beginning of the week. SB 4 gives Texas law enforcement officials the authority to deport migrants who illegally cross the border. 

Texas Governor Greg Abbott launched Operation Lone Star in 2021, deploying the Texas National Guard and the Department of Public Safety to the southern border. Abbott has used concertina wire and buoys to deter illegal border crossings. 

In December, Abbott signed SB 4, attempting to further his mission to secure the border. Abbott claims the law is an essential piece of this mission and blames the Biden administration for not doing more to prevent illegal immigration. 

Coined the “Show Me Your Papers” law, SB 4 requires people to show proof of lawful status to avoid deportation. State law enforcement officers will be empowered to arrest anyone unable to provide proof of their lawful status and state courts can issue deportation orders. Violations of these orders can be penalized with a 20-year state prison sentence. 

A federal judge blocked SB 4 from enforcement, finding the law unconstitutional. The Fifth Circuit then reversed, allowing the law to go into effect. 

The Biden administration asked the Supreme Court for emergency intervention to block the law. Justice Samuel Alito put a temporary hold on SB 4’s enforcement to allow the court to consider the application. 

After extending that order twice, the Supreme Court missed its deadline to respond to the Biden administration’s application. The lapse allowed Texas to briefly enforce SB 4 until the court issued another extension on its temporary stay. 

The Supreme Court finally issued its ruling on the application a day later. The majority of justices said Texas could enforce its controversial law. Justices Amy Coney Barrett and Brett Kavanaugh wrote a concurring opinion that seemed to warn the appeals court to quickly resolve procedural issues that the justices found prevented them from keeping the law on pause. 

Justices Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan dissented from the decision. Sotomayor wrote that her colleagues were inviting “further chaos and crisis in immigration enforcement.” 

Heeding Barrett and Kavanaugh’s advice, the Fifth Circuit quickly scheduled arguments over enforcement of SB 4. Just before midnight, the appeals court then decided to put SB 4 back on pause in a 2-1 vote. 

Chief U.S. Circuit Judge Priscilla Richman, a George W. Bush appointee, and U.S. Circuit Judge Irma Carrillo Ramirez, a Biden appointee, ruled to pause the law, while U.S. Circuit Judge Andrew Oldham, a Trump appointee, dissented.

The Fifth Circuit will hear arguments over whether Texas can enforce SB 4 on Wednesday. Either the Biden administration or Texas could then take the matter back to the Supreme Court after the appeals court issues its ruling. 

Follow @KelseyReichmann

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