FOR IMMEDIATE RELEASE
March 19, 2024
Media Contact: info@txilc.org
U.S. Supreme Court fails to block Texas’ extreme Senate Bill 4
Legal experts react to the Court’s failure to block the unconstitutional deportation bill
Austin, TX – Today the U.S. Supreme Court allowed an extreme and unconstitutional Texas law, Senate Bill 4, to be enforced. Senate Bill 4 allows local and state law enforcement to detain, arrest, and ultimately deport people who are believed to have entered Texas at a location other than a port of entry. The law also permits the arrest and deportation of thousands of Texans who have a prior removal order, even if the individual is currently lawfully present.
After temporarily suspending the law yesterday, the Court’s decision today is guaranteed to cause panic and confusion for many, including many individuals who are lawfully present and legal permanent residents. Today’s Supreme Court decision moves us further away from solving immigration challenges at the border.
“It’s tragic that the Court could not see its way to realize that a so-called ‘administrative stay’ was, in this instance, being used by the Fifth Circuit to keep in place a law most of which is plainly unconstitutional. While that would ordinarily be an unfortunate failure of procedural regularity, here, the failing will generally sow chaos at the border and in communities across our state.” said Anne Chandler, Executive Director of the Texas Immigration Law Council.
“At its core, immigration is a testament to our shared pursuit of prosperity and security. Immigrants want a better life for themselves and for their children. Working towards a better life in Texas is also the foundation of a large part of economic growth in our state, where immigrants make up nearly 1 in 5 of all wage dollars. The very future of our nation is at risk. While quoting George Washington, Texas Republican Senator Birdwell explained his opposition to SB 4: The unlawful modification of the constitutional powers set out in SB 4 could be the customary weapon by which free governments are destroyed. This action by the Supreme Court not only threatens our constitutional principles of federalism, but it will also ensure a denial of the rights and dignity of countless individuals and will undoubtedly cause devastation to the the economic engine that has fueled our state’s growth,” said Kristin Etter, Director of Policy & Legal Services at the Texas Immigration Law Council. “SB 4 lays the groundwork as a model for a national ‘chaotic state-by-state patchwork at odds with our Nation’s federalism principles,’ something the Court unanimously rejected in Trump v. Anderson. We need to work together to restore order and humanity to the border, and the best way to do that is to commit to a dialogue that transcends fear and division. There is a desperate need for sound economic solutions and an immigration framework that truly reflects the depth of our nation’s character. The Court’s action in this case is a huge setback.”
“Justices Barrett and Kavanaugh’s concurring opinion warns that if the Fifth Circuit has not ruled on the merits of Senate Bill 4 soon, the Supreme Court may need to intervene. At some point, maybe in weeks or in a month or two, if the Fifth Circuit has not ruled on the preliminary injunction of Senate Bill 4, the Supreme Court might decide that the delay has been too long, and therefore issue a stay.” said Anne Chandler. Unfortunately, the bill’s implementation will cause lasting damage to people’s lives and will harm the security and economic vitality of Texas.
Click here to view today’s Supreme Court opinion. Click here to view U.S. District Judge David A. Ezra’s preliminary injunction.
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The Texas Immigration Law Council is a statewide nonprofit 501(c)(3) organization formed in 2023 to promote and protect the rights of immigrants and refugees of all nationalities in Texas. The Council promotes meaningful access to justice for immigrants and refugees by serving as a statewide immigrant legal resource center. The Council brings together constituencies across the political spectrum to advance constructive dialogue on immigrant solutions for Texas.
