U.S. Supreme Court Justice Samuel Alito on Tuesday extended an order blocking Texas from enforcing a new law that gives the state a role in arresting and deporting immigrants.
Alito — who handles emergency petitions in cases out of Texas, Louisiana and Mississippi — had originally blocked Texas from enforcing the law, known as Senate Bill 4, until Wednesday afternoon to give the Supreme Court time to study and rule on the matter.
Alito’s latest order gives the court until Monday to determine if Texas can enforce the law while a lower court, the 5th U.S. Circuit Court of Appeals, considers whether SB 4 is constitutional.
The U.S. Justice Department sued Texas in January, arguing that the law violates the Constitution because it undermines the federal government’s authority over immigration enforcement and foreign policy.
Gov. Greg Abbott and other Texas officials have defended the measure, saying it’s a necessary response to an “invasion” of undocumented migrants crossing into Texas that the Biden administration has failed to stop.
Last month, U.S. District Judge David Ezra sided with the Biden administration in a ruling that called SB 4 “patently unconstitutional” based on a 2012 Supreme Court ruling that struck down a similar Arizona law.
Texas appealed, and the 5th Circuit Court responded by allowing the state to enforce SB 4 during the appeals process. The Supreme Court will determine whether Texas can enforce the law while the 5th Circuit Court considers the case.
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