UNITED STATES NEWS

Texas asks court to decide if the state’s migrant arrest law went too far

Apr 3, 2024, 7:00 PM

Demonstrators gather outside federal court buildings in New Orleans on Wednesday, April 3, 2024, to...

Demonstrators gather outside federal court buildings in New Orleans on Wednesday, April 3, 2024, to protest a Texas law known as SB4. Texas officials appeared before a three-judge federal appeals panel to defend a state law that would allow police to arrest migrants for illegally entering the United States, a week after the same three judges put the law on hold. (AP Photo by Kevin McGill)

(AP Photo by Kevin McGill)

AUSTIN, Texas (AP) — An attorney defending Texas’ plans to arrest migrants who enter the U.S. illegally told a panel of federal judges Wednesday that it’s possible the law “went too far” but that will be up to the court to decide. Now, the Texas migrant arrest law will fall into the hands of legislators.

The comment was made to a 5th U.S. Circuit Court of Appeals panel that has already previously halted Republican Gov. Greg Abbott’s strict immigration measure.

Similar proposals that would allow local police to arrest migrants are now moving through other GOP-led statehouses, including many far from the U.S.-Mexico border.

Texas was allowed to enforce the law for only a few confusing hours last month before it was put on hold by the same three-judge panel that heard arguments Wednesday.

No arrests were announced during that brief window.

“What Texas has done here is they have looked at the Supreme Court’s precedent and they have tried to develop a statute that goes up to the line of Supreme Court precedent but no further,” Texas Solicitor General Aaron Nielson said. “Now, to be fair, maybe Texas went too far and that is the question this court is going to have to decide.”

The panel did not indicate whether it believed Texas has overstepped but later questioned Nielson about the specifics and application of the law.

Texas migrant arrest law focus of court attention

During the hourlong hearing in New Orleans, the Justice Department argued that Texas was trying to usurp the federal government’s authority over immigration enforcement. Texas, however, insisted it would work with the federal government.

The law, known as SB4, allows any Texas law enforcement officer to arrest people suspected of entering the country illegally. Once in custody, migrants could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don’t leave could face arrest again under more serious felony charges.

Asked how the state would enforce judges’ orders for migrants to return to the country from which they entered the U.S. illegally, Nielson said they would be turned over to federal officials at ports of entry. He then stumbled to explain how that is different from what is happening at the border now. At one point, Chief Judge Priscilla Richman questioned what, then, the provision accomplished.

What arguments are being made?

Daniel Tenny, an attorney representing the U.S. government, said the state was attempting to “rewrite Texas SB4 from the podium with regard to the removal provision.”

Richman, an appointee of Republican President George W. Bush, previously ruled in favor of temporarily halting the law.

Judge Andrew Oldham, who was appointed by President Donald Trump and previously opposed the stop, suggested each provision of the law should be scrutinized to determine which, if any, are preempted by federal mandates. Oldham also posed scenarios to attorneys for the federal government of how elements of the law could play out.

“If the court is persuaded that the criminal provisions of SB4 are preempted by federal law, as it indicated it was likely to do in the stay opinion, then really nothing that was said about the removal provisions matters,” Tenny said.

Abbott and other Republicans who approved the law say it’s necessary because President Joe Biden’s administration is not doing enough to prevent illegal border crossings. Justice Department officials have said it would create chaos in the enforcement of immigration law and affect foreign relations.

In the panel’s 2-1 decision last month, Richman cited a 2012 Supreme Court decision that struck down portions of a strict Arizona immigration law, including arrest power. Opponents of the Texas law have said it is the most dramatic attempt by a state to police immigration since that Arizona law.

The panel’s March 19 ruling came hours after the U.S. Supreme Court cleared the way for the Texas law to take effect. The high court, however, did not rule on the merits of the law and sent the case back to the appeals court for further proceedings.

United States News

Associated Press

Takeaways from this week’s reports on the deadly 2023 Maui fire that destroyed Lahaina

HONOLULU (AP) — More than half a year after the deadliest U.S. wildfire in more than a century burned through a historic Maui town, officials are still trying to determine exactly what went wrong and how to prevent similar catastrophes in the future. But two reports released this week are filling in some of the […]

2 hours ago

A anti-abortion supporter stands outside the House chamber, Wednesday, April 17, 2024, at the Capit...

Associated Press

Democrats clear path to bring proposed repeal of Arizona’s near-total abortion ban to a vote

Democrats in the Arizona Senate cleared a path to bring a proposed repeal of the state’s near-total ban on abortions to a vote.

5 hours ago

Associated Press

Oklahoma man arrested after authorities say he threw a pipe bomb at Satanic Temple in Massachusetts

BOSTON (AP) — An Oklahoma man was arrested Wednesday after authorities accused him of throwing a pipe bomb at the Massachusetts headquarters of a group called The Satanic Temple. The Salem-based group says on its website that it campaigns for secularism and individual liberties, and that its members don’t actually worship Satan. Sean Patrick Palmer, […]

7 hours ago

Associated Press

Ellen Ash Peters, first female chief justice of Connecticut Supreme Court, dies at 94

HARTFORD, Conn. (AP) — Ellen Ash Peters, who was the first woman to serve as Connecticut’s chief justice and wrote the majority opinion in the state Supreme Court’s landmark school desegregation ruling in 1996, has died. She was 94. Peters, who also was the first female faculty member at Yale Law School, passed away Tuesday, […]

9 hours ago

Associated Press

Vermont farms are still recovering from flooding as they enter the growing season

BERLIN, Vt. (AP) — Hundreds of Vermont farms are still recovering from last July’s catastrophic flooding and other extreme weather as they head into this year’s growing season. Dog River Farm, in Berlin, Vermont, lost nearly all its produce crops in the July flooding. The farm removed truckloads of river silt and sand from the […]

9 hours ago

Associated Press

Appeals court leaves temporary hold on New Jersey’s county line primary ballot design in place

PHILADELPHIA (AP) — A federal appeals court on Wednesday affirmed a lower court’s decision to order New Jersey Democrats scrap a ballot design widely viewed as helping candidates with establishment backing. The 3rd Circuit Court of Appeals considered a slimmed-down appeal brought by the Camden County Democrats after the county clerks — the officials charged […]

10 hours ago

Sponsored Articles

...

Condor Airlines

Condor Airlines can get you smoothly from Phoenix to Frankfurt on new A330-900neo airplane

Adventure Awaits! And there's no better way to experience the vacation of your dreams than traveling with Condor Airlines.

...

Collins Comfort Masters

Here’s 1 way to ensure your family is drinking safe water

Water is maybe one of the most important resources in our lives, and especially if you have kids, you want them to have access to safe water.

...

Collins Comfort Masters

Avoid a potential emergency and get your home’s heating and furnace safety checked

With the weather getting colder throughout the Valley, the best time to make sure your heating is all up to date is now. 

Texas asks court to decide if the state’s migrant arrest law went too far