By Daniel Stefanski |
A controversial Texas border security bill experienced major whiplash on Tuesday in federal court.
In a shocking development for the legal situation of SB 4, a majority of Justices at the Supreme Court of the United States lifted its administrative stay of the Texas law after it had twice paused enforcement. The pending case and actions before the nation’s high court occurred after the U.S. Court of Appeals for the Fifth Circuit had reversed a District Court decision to issue a preliminary injunction for the state border law, allowing the new policy to temporarily go into effect.
SB 4 was approved by the Texas Legislature in November 2023 and signed in December 2023. According to the bill summary, SB 4 would “amend the Penal Code to make it a Class B misdemeanor offense for a person who is an alien to enter or attempt to enter Texas directly from a foreign nation at any location other than a lawful port of entry;” and it would also “make it an offense for a person who is an alien to enter, attempt to enter, or be found in Texas after the person has been denied admission to or excluded, deported, or removed from the United States or has departed from the United States while an order of exclusion, deportation, or removal is outstanding.”
However, hours after the U.S. Supreme Court issued its surprising order, the Fifth Circuit Court of Appeals temporarily blocked the Texas law, pending a decision on the merits of the case. The federal appeals court considered arguments from both sides on Wednesday, making an expedited opinion extremely likely on the enforceability of the law.
Before the late-night action at the Fifth Circuit, Arizona legislative Republicans reacted to the news from the Supreme Court. Senate President Warren Petersen said, “The Arizona Governor has vetoed legislation that would have given Arizona’s law enforcement the ability to protect our citizens from the invasion occurring at the southern border. The U.S. Supreme Court’s decision to allow Texas’ S.B.4 to go into effect shows that the Governor’s veto was rash and hasty. She will soon have the opportunity to do the right thing, as we will give her another chance to sign this bill into law to protect Arizonans from border-related crimes.”
Senator Janae Shamp also released a statement after the court decision, focusing on her ongoing efforts to enact the Arizona Border Invasion Act into law. Shamp’s bill was passed by both chambers of the Arizona Legislature earlier this month but fell victim to the first veto this session from Democrat Governor Katie Hobbs. The first-term lawmaker wrote, “While Joe Biden continues to neglect the national security crisis of this border invasion that’s allowing deadly fentanyl, terrorists, human smugglers, child sex traffickers, rapists, murderers, and other dangerous criminals to forever change our communities and the lives of Arizonans, state legislatures across the country are rightfully overriding the failures of his administration and Arizona is no different. We are urging Hobbs to not fail Arizonans again, and to sign our legislation when it hits her desk.”
State Representative Austin Smith echoed Shamp’s comments, calling on Hobbs to join legislative Republicans in addressing the border crisis. He stated, “The states can defend their borders. Governor Hobbs sign the border bills, end this madness and dangerous influx of illegals coming to Arizona. Do your job and defend the state.”
Other border related bills are currently making their way through the Arizona Legislature. Governor Hobbs is expected to oppose all Republican efforts to mitigate the border crisis from the state level.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
