Once again, Justice Samuel Alito has put a hold on the Texas immigration law that is currently being fought out in the courts. Is SCOTUS trying to put their thumb on the scale, or is something else at play?

The issue at hand is Texas’s law SB4, which would allow Texas to secure its own border with Mexico. Here is a quick, abbreviated recap of what the bill would allow Texas to do.

This new law would make it a state crime to cross the Texas-Mexico border between ports of entry. If a police officer has probable cause to believe a person illegally crossed the Rio Grande, that person could be charged with a Class B misdemeanor, which carries a punishment of up to six months in jail. For subsequent offenses, the person could be charged with a second-degree felony and face up to 20 years in prison.

If the migrant is convicted and has served their sentence, a judge would be required to order police to transport them to a port of entry. A judge could drop the charges if a migrant agrees to return to Mexico, and police could turn over migrant families to Border Patrol agents to avoid separating children from their parents instead of arresting them.

The Biden administration has sued Texas in order to prevent the implementation of SB4. Governor Greg Abbott has challenged the Biden administration by claiming they have failed in their constitutional duty to secure the southern border, and so Texas has a right to self-defense. The entire legal fight is currently on hold, thanks to SCOTUS. If Alito had not stepped in – again – then SB4 would have been the law of Texas. Instead, we get this – an indefinite hold until SCOTUS figures out what it wants to do.

In an order issued by conservative Justice Samuel Alito, the court again imposed a temporary freeze on a lower court decision. The court said the law would remain on hold “pending further order” of the court.

The law was originally due to go into effect on March 10, but Alito has now stepped in three times to ensure the lower court ruling remains on hold.

His most recent order had been due to expire Monday evening, meaning the law would have gone into effect without Supreme Court action.

The ruling is now blocked indefinitely, giving all nine justices more time to determine what next steps to take.

The law in question, known as SB4, allows police to arrest migrants who illegally cross the border from Mexico and imposes criminal penalties.

We also must point out that NBC took the time to point out that “conservative” Justice Alito is the one who issued the order. Thanks for that bit of unneeded editorial commentary, NBC.

Governor Abbott is taking the stay in stride.

SCOTUS temporarily halted enforcement of SB 4 but Texas is still using its authority to arrest illegal immigrants for criminal trespass and other violations of law.
We continue building the wall, use NG to erect razor wire barriers to repel migrants & buoys remain in river.

— Greg Abbott (@GregAbbott_TX) March 18, 2024

So, what is the point of SCOTUS holding up the law? The Fifth Circuit is going to take up the case again with oral arguments on April 3rd, but the Supreme Court could just let the ruling stand while the appeals play out.

Are they just hoping to run out the clock before the election? With this new “pending further order” hold, it means that SB4 will sit in legal limbo until SCOTUS decides what to do with it, because even if Texas prevails at the appeals court, the Biden administration will immediately move up the ladder to SCOTUS. Since the Supreme Court has other big decisions at hand this term – most notably the presidential immunity case being brought by Donald Trump – they may be punting this case down the road in hopes that the election might make the whole thing moot. Other explanations are deeply problematic.

Andrew Jackson once reacted to a Supreme Court loss by saying “they’ve made their decision. Now let them come enforce it.”

That’s what Texas should say to the feds.

— Greg Price (@greg_price11) March 18, 2024

The full text on the first tweet reads:

The Supreme Court just fully blocked Texas from enforcing SB4, which allows state police to arrest and deport illegals.

Insanity.

The executive branch is allowing millions of illegal to enter the country, the legislative branch is doing nothing to stop it, and the Supreme Court is blocking states from taking action.

Every single branch of government is in support of an invasion through our southern border.

I don’t know if I can totally agree with the last sentence, but the inaction by SCOTUS – either by taking on the case or allowing the lower court decision to stand – speaks volumes. If the Supreme Court wants to concentrate the power of enforcement of the national borders with the federal government, then they had better say so, and not dither around while Texas is looking to plug the holes.

UPDATE 1 PM PT
Well, we’re no longer waiting on the “pending further order.” In a 6-3 vote, the Supreme Court lifted the stay on SB4.

Justice Kagan dissents too, but does not join Sotomayor’s opinion.

The vote appears to be 6-3. pic.twitter.com/tPcYZR7npA

— Steven Mazie (@stevenmazie) March 19, 2024

Kind of a big reversal after yesterday!

At this point, though, the matter looks a little more straightforward. The lower court ruling has been enjoined while the Fifth Circuit reviews Texas’ appeal, and that injunction strongly suggests that the appellate court will rule in Texas’ favor. The apparent 6-3 ruling today strongly suggests that the Supreme Court will look favorably on the matter, for the same reason: courts do not issue injunctions unless the party is likely to prevail at trial and substantial harms will occur without an injunction. Given that Texas seems to have convinced both courts of the necessity of the injunction against the lower court ruling and now have permission to enforce this law, it seems the two courts see Texas as the likely victor in this legal battle.

For now, anyway. And that may be more true about the Fifth Circuit than the Supreme Court anyway, which ended up deciding this on procedural grounds, as you’ll see.

Take the win, Texas.

BREAKING: In a 6-3 decision SCOTUS allows Texas to begin enforcing SB4 that allows the arrest of illegal immigrants.

We still have to have hearings in the 5th circuit federal court of appeals.

But this is clearly a positive development.

— Greg Abbott (@GregAbbott_TX) March 19, 2024

Here’s hoping this makes a significant difference on the ground in Texas.

Featured image via MarkThomas on Pixabay, cropped, Pixabay license