The conservative-leaning U.S. Supreme Court on Tuesday temporarily allowed the implementation of a Texas immigration law that stipulates that “States can deport illegal immigrants on their own.” The law, signed by Texas Governor Greg Abbott last December, was originally scheduled to take effect on March 5. The Supreme Court on the day allowed Texas to enforce its own immigration law pending the appeals court's ruling.
Incumbent President Joe Biden and former President Donald Trump, who will face off in November's presidential election, are locking horns over immigration. As the immigration agenda has emerged as a major issue in the presidential campaign, the debate over whether the federal or state governments have the authority to enforce immigration policy is likely to intensify. The White House immediately fired back with a statement saying it "disagrees with the Supreme Court's decision."
● 'Conservative-leaning' Supreme Court rules in favor of Texas
The Supreme Court announced on the day that it lifted the stay on the enforcement of Texas' immigration law, Senate Bill 4 (SB4). The law's centerpiece is to give state law enforcement the authority to arrest, detain, and deport undocumented immigrants.
When Texas passed the law late last year, the Biden administration filed a lawsuit, arguing that immigration enforcement is a federal matter and that even illegal immigrants deserve at least some humane treatment. The lower court suspended the effect of the Texas immigration law by accepting the federal government’s claim. However, the Fifth U.S. Circuit Court of Appeals, which heard the case, issued an ‘administrative stay’ allowing the law to go into effect pending a decision. The Biden administration asked the Supreme Court to overturn the stay but has been denied.
● Republican-dominated states enact their immigration laws
The ruling will likely have a significant impact on other heavily Republican states. Iowa passed a bill on the day that would make it a crime for immigrants who have been deported or denied entry to the U.S. to visit the state.
There are also signs that the issue could become a diplomatic issue with neighboring Mexico. The Mexican government has said it will not receive illegal immigrants even if Texas deported them in accordance with its immigration laws, saying, "Immigration policy is a matter for negotiation between federal governments rather than state governments."
The growing social tensions will likely hurt President Biden's reelection bid, which has already been criticized for his immigration policies. Trump has repeatedly accused Biden of "turning a blind eye to the surge in illegal immigration."
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