A federal judge has issued a ruling preventing Texas from implementing a recently passed law criminalizing illegal immigration.
US District Judge David A. Ezra of the Western District of Texas granted a preliminary injunction on Thursday, effectively halting the enactment of Texas Senate Bill 4 scheduled for the following week.
This bill sought to give state authorities the power to detain and imprison individuals believed to be in the country without legal permission, including allowing state judges to issue orders for deportation.
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In his decision, the judge underscored that states are restricted from asserting immigration enforcement authority beyond what is explicitly sanctioned by the federal government.
The injunction was prompted by a lawsuit filed by immigration and civil rights organizations against Texas following Governor Greg Abbott’s signing of the law in December.
During the signing ceremony, Abbott asserted that the legislation aimed to “halt the surge of unlawful entry into Texas.”
Texas Law: Departure or Prosecution for Migrants
According to the law, migrants in Texas custody could opt to abide by a judge’s directive to depart the US voluntarily or face prosecution for misdemeanor charges related to unlawful entry. Failure to comply could result in subsequent arrest under more severe felony charges.
This legislation represents a significant measure by Texas to regulate immigration.
Governor Abbott, a Republican, has consistently criticized the Biden administration for what he perceives as inadequate response to the border situation.
Texas Moves 65,000 Migrants, Fortifies Rio Grande
Texas has transported over 65,000 migrants to various cities across the nation and fortified sections of the Rio Grande with razor wire.
Critics have likened the law to the most extreme attempts by a state to curb immigration since the 2010 Arizona law—dubbed the “Show Me Your Papers” bill—which was largely invalidated by the US Supreme Court.
Thirty former US immigration judges, spanning both Republican and Democratic administrations, recently condemned the law as unconstitutional in a joint letter.
Judge Ezra, appointed by President Reagan and formerly serving as Chief Judge for the United States District Court for the District of Hawaii, asserted that the Texas law contradicts the U.S. Constitution and federal immigration statutes, posing challenges to the country’s foreign relations and treaty obligations.
The American Civil Liberties Union (ACLU), alongside the Department of Justice and other entities, initiated legal action against Texas, arguing the law’s unconstitutionality.