McALLEN.- Texas plans to arrest migrants suspected of entering the United States illegally were on hold again Wednesday after sparking uncertainty at the border and anger in Mexico, while a tug-of-war persists in the courts over strict immigration law.
Last night, a ruling by the 5th Circuit Court of Appeals suspended—again—Texas’ power to apply that law. Hours earlier, the U.S. Supreme Court had given it the green light, giving Republican Gov. Greg Abbot a victory and encouraging Republican lawmakers in other states who are pushing for similar measures.
But later, in a 2-1 decision, an appeals court panel continued the legal back-and-forth surrounding the Texas law, putting it on hold again ahead of oral arguments scheduled for on Wednesday. It is unknown when there will be a failure.
The law was in effect for a few hours Tuesday, and during that time Texas authorities did not announce any arrests or say whether it was being actively enforced. Brad Coe, police chief in Kinney County, on the border, said his officers would need probable cause to make any arrests under the law.
“Observers are unlikely to see a sudden change,” said Coe, whose county encompasses a portion of the border near Del Rio that until recently was the busiest corridor for illegal crossings, which have slowed considerably.
The Supreme Court did not decide the merits of the law. Instead, he returned to the appeals court a challenge led by the Justice Department, which has said Texas encroaches on the authority of the federal government.
The appeals court’s latest order did not include an explanation from the panel. But it had the effect of restoring an injunction issued in February by District Judge David Ezra, who disapproved of the law on multiple fronts. His 114-page opinion struck down Republican claims of an “invasion” on the southern border due to the record number of illegal crossings. Ezra, appointed by former President Ronald Reagan, also warned that the law could harm U.S. foreign relations.
Under Texas law, once defendants are arrested for entering the United States illegally, they can follow a judge’s order to leave the country, or face prosecution. On Tuesday, Mexico’s Foreign Ministry said flatly that Mexico will not receive anyone who is ordered to cross the border.
“Mexico reiterates its legitimate right to protect the rights of its nationals in the United States and to establish its own internment policies in its territory,” the government said.
The impact extends beyond the Texas border. Republican lawmakers wrote the law to apply to all 254 counties in the state, although Steve McCraw, director of the Texas Department of Public Safety, expects it to apply primarily near the border.
Source: With information from AP
