A federal judge on Thursday blocked a new Texas law that would make illegal immigration a state crime, allowing local law enforcement officials to arrest and deport illegal border crossers, a move Gov. Greg Abbott said he was expecting.
U.S. district judge David Ezra sided with the Biden administration, which has argued that enforcement of immigration policies is the exclusive authority of the federal government.
In his order, Ezra explained that giving Texas the right to “permanently supersede federal directives on the basis of an invasion would amount to nullification of federal law and authority — a notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War.”
Senate Bill 4 was set to take effect March 5.
Texas Attorney General Ken Paxton said the state is appealing the decision.
"Texas has a clear right to defend itself from the drug smugglers, human traffickers, cartels, and legions of illegal aliens crossing into our state as a consequence of the Biden Administration’s deliberate policy choices," he said.
Abbott was confident the U.S. Supreme Court will decide the case.
Judge blocks Texas law allowing us to arrest & deport migrants.
— Greg Abbott (@GregAbbott_TX) February 29, 2024
Not worried—this was fully expected.
The trial judge said from the bench that this case will be decided by SCOTUS.
I agree.
Texas has solid legal grounds to defend against an invasion. https://t.co/If5AivJQY4
Texas has the constitutional right to defend itself because of President Biden's ongoing failure to fulfill his duty.
— Greg Abbott (@GregAbbott_TX) February 29, 2024
We will not back down in our fight to protect Texas.
This case will ultimately be decided by the U.S. Supreme Court. pic.twitter.com/o7ugwxViMU
The ruling came the same day President Biden and former President Trump held dueling visits to the border to address the illegal immigration crisis.