Texas to respond to federal government’s request to block immigration law

The US state of Texas is expected to respond today to the Biden administration’s request to freeze the implementation of a new Texas immigration law.The proposed bill, known as Senate Bill 4, will give Texas state officials the power to arrest, prosecute and order the removal of people who cross the border from Mexico.

Supreme Court Justice Samuel Alito delayed the bill after the Department of Justice requested that the Supreme Court intervene, arguing that the law would undermine the status quo on immigration policy which gives the federal government the authority to admit and remove noncitizens. Texas, however, has argued that the law can be defended on the grounds that the state is battling an “invasion” at the border under the State War Clause of the Constitution.

The Supreme Court is unlikely to uphold Texas’ bill. Texas has lost two previous immigration-related cases and the court is unlikely to support the current deportation law because of how major a departure it would be from current precedent. Additionally, the bill would likely set a precedent that would enable other states to decide their own border enforcement rules. Finally, the bill would likely have had a negative impact on US foreign relations, especially with Mexico.