The state of Texas spent Wednesday in court defending its anti-illegal immigration law against the Biden Administration, which says is unconstitutional, impedes international relations, and hinders the federal government’s enforcement of immigration law.
The state argued before a three-judge panel that President Joe Biden’s ongoing border crisis has caused tens of thousands of illegal aliens to enter the United States, wreaking havoc on American communities and resources.
“There's always been people who cross the border," Solicitor General Aaron Nielson said. "But before, we talked about hundreds of thousands. Now, we talk about millions. Before, we talked about tens of thousands of unaccompanied minors. Now, we talk about hundreds of thousands. Before, we talked about a few countries. Now, we talk about essentially all countries.”
The 5th U.S. Circuit Court of Appeals kept Senate Bill 4 on hold after hearing from state and federal attorneys during an hour-long hearing.
S.B. 4 would authorize law enforcement officers in the state to arrest, detain, and deport people suspected of entering the U.S. in Texas from Mexico without legal authorization.
“Texas all along has been doing everything within our power to encourage the federal government to do what Congress has directed and address the border crisis. And the answer that we have received at every turn is 'We don't have the resources.' We get that. We understand that. But here, Texas has come forward with additional resources, saying, ‘Let us protect the border,’” Nielson continued.
Advocates for the bill argue that it is unconstitutional because the federal government— not Texas— has authority over immigration. On the contrary, Texas argued that it is responsible for securing its southern border since the Biden Administration has failed to uphold its duty.
Representatives for the American Civil Liberties Union (ACLU) claimed that more than 80,000 arrests a year would result if the bill went into effect.
“As far as I can tell, never in the history of the nation has the United States achieved what they've achieved in this case, which is a facial invalidation of a statute that never went into effect, with no course of action, which is an extraordinary achievement," Trump-appointed Judge Andrew Oldham said.
Prosecutors said that S.B. 4 interferes with the United States’ relationship with Mexico, which has criticized the law. Mexico’s federal government argued that the bill would criminalize illegal immigrants and encourage "the separation of families, discrimination and racial profiling that violate the human rights of the migrant community."