Since the time of publication, a three-judge panel at the New Orleans-based US Court of Appeals for the Fifth Circuit, a federal court, has once again blocked the enforcement of this law. The US appeals court will hear the case on Wednesday, March 20 over whether Texas will be allowed to temporarily enforce the law.
On Tuesday, March 19, the United States Supreme Court upheld a Texas immigration law that empowers state law enforcement officials to arrest and deport non-citizens, a power previously afforded only to federal agents. This law was initially signed by Texas Governor Greg Abbott on December 18, 2023, but had since been stalled in the courts, making it all the way to the Supreme Court.
This law, called S.B. 4, has been broadly opposed by immigrant advocates and activists, as it essentially empowers the state to arrest anyone suspected of crossing the border illegally. According to The Nation writer Elie Mystal, this law would allow “Texas to round up any brown person on the street for a ‘suspected’ violation of immigration laws.”
Jennifer Babaie, of the Las Americas Immigrant Advocacy Center, stated, “We will continue to use every tool at our disposal to ensure this anti-immigrant and unconstitutional law is struck down for good, and Texans are protected from its inherent discrimination.”
Mexican Foreign Minister Alicia Bárcena stated, “The Texas SB4 law unexpectedly comes into effect today, undermining the rights of migrants. As head of Mexico’s Foreign Affairs, I want to reiterate: the protection and support of Mexican citizens remains our top priority. I oppose any measure that criminalizes & discriminates against them.”
The Biden administration has opposed the Texas law, but has also moved to implement its own aggressive immigration laws, including an attempt to target asylum seekers that harkens back to the Trump administration’s immigration policy.
Biden has also refused to expand the Supreme Court by adding more justices, which would break up the ultra-conservative supermajority that has stood in the way of student loan debt relief, stripped abortion rights from millions of women, and struck down historic policies of racial justice in higher education. By expanding the Supreme Court, Biden could eliminate a central obstacle to preserving and expanding human rights in the United States—a proposal promoted by progressives within Biden’s own party.
This ruling means that Texas can begin enforcing S.B. 4 effective immediately. Immigration activists are encouraging migrants and Texas residents to learn their rights, as the law includes years of prison time for those providing aid to undocumented immigrants, even US citizens.
The case will now return to the US 5th Circuit Court of Appeals, which will hear oral arguments on the case on April 3, as the Supreme Court did not rule on the constitutionality of the law, merely whether it could be enforced while it makes its way through the courts.
Peoples Dispatch spoke to Karina Garcia, who is running for Vice President alongside presidential candidate Claudia De La Cruz, on the ticket of the Party for Socialism and Liberation. Garcia backs a platform of not only eliminating the draconian anti-immigrant laws, but fixing the roots of the migrant crisis: US imperialist economic and foreign policies. “My parents migrated from Mexico in the early 80s as a consequence of the nationwide economic collapse, that was engineered largely by neoliberal western economists,” she said.
“The US dirty wars and its backing of brutal regimes in Central American countries have driven people into this country in waves. We all know that most immigrants are actually victims of capitalism. I support demilitarizing the border, and giving full rights to immigrants. We need to update the immigrant registry to allow anyone who has been in the country for 7 years, without incident, to qualify for Permanent Residency and become legal.”
“Fighting these draconian laws in the courts is not enough. We need mass mobilizations for immigrant rights, like the Day Without an Immigrant in 2006 and 2017. People’s movements have defeated fascist laws in the past, and we can do the same in the present.”
