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Texas immigration law once again blocked hours after Supreme Court ruling allowed state to detain migrants
Just hours after the Supreme Court granted Texas officials permission to arrest and prosecute migrants suspected of crossing the U.S. southern border without authorization, an appeals court late Tuesday blocked the state from enforcing its controversial immigration law known as SB4.
In a late-night order, a 5th Circuit Court of Appeals panel dissolved a pause that it issued in early March to suspend a lower court ruling that found SB4 to be unconstitutional. The order reinstated a ruling from U.S. District Court Judge David Ezra, who concluded in late February that SB4 conflicted with federal immigration laws and the Constitution.
Earlier on Tuesday, the Supreme Court denied a request from the Justice Department to void the initial 5th Circuit order that had paused Ezra’s ruling. The high court allowed SB4 to take effect for several hours, though it’s unclear whether Texas arrested any migrants under the law during that short time span.
Ezra’s order blocking SB4 will stay in place until the 5th Circuit rules on Texas’ request to allow the law to be enforced while the appeals court considers its legality. A virtual hearing on that question is scheduled for Wednesday morning.
Passed by the Texas legislature last year, SB4 criminalizes unauthorized migration at the state level, making the act of entering the U.S. outside of a port of entry — already a federal offense — into a state crime. It also creates a state felony charge for illegal reentry.
SB4 empowers law enforcement officials in Texas, at the state and local level, to detain and prosecute migrants on these new criminal charges. It also grants state judges the power to require migrants to return to Mexico as an alternative to prosecution.
The Justice Department has said SB4 conflicts with federal law and the Constitution, noting that immigration enforcement, including arrests and deportations, have long been a federal responsibility. It has also argued the measure harms relations with the Mexican government, which has denounced SB4 as “anti-immigrant” and vowed to reject migrants returned by the state of Texas.
Texas Gov. Greg Abbott, who has positioned himself as the leading state critic of President Biden’s border policies, has portrayed SB4 as a necessary measure to discourage migrants from crossing the Rio Grande, arguing the federal government has not done enough to deter illegal immigration.
Over the past three years, Texas has mounted the most aggressive state effort yet to challenge the federal government’s power over immigration policy, busing tens of thousands of migrants to major, Democratic-led cities, assembling razor wire and buoys along stretches of the border to deter migrant crossings, and filing multiple lawsuits against federal immigration programs.
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Facing Criticism for Shooting Dog, South Dakota Governor Noem Discusses ‘Difficult Choices’
South Dakota Governor Kristi Noem found herself in hot water recently after admitting to shooting her “untrainable” hunting dog. The controversial incident sparked public outrage, but it did not stop her from attending a gathering of California Republicans, where she received a warm reception on Saturday.
Noem, known for her stance on gun rights and conservative leadership, addressed more than 200 people at the California Republican Party convention in Burlingame. She emphasized the importance of patriotism and preserving American values amidst challenging times.
Although she did not directly reference the dog-shooting incident in her speech, she alluded to the controversy surrounding her decision to euthanize her dog named Cricket due to its poor hunting skills and an unfortunate incident involving farm chickens.
Attendees at the luncheon received a copy of Noem’s book, “No Going Back: The Truth on What’s Wrong With Politics and How We Move America Forward,” which she promoted during her remarks. Despite the backlash, she remained firm in her convictions.
Noem’s focus shifted to her leadership in South Dakota, particularly her handling of the COVID-19 pandemic and her decision to deploy the state’s National Guard to the U.S.-Mexico border. She raised concerns about drug cartels exploiting Native American tribal lands in her state and criticized the federal government for its inaction.
Despite the controversy surrounding her, Noem commended former President Trump for his authenticity and unwavering commitment to his beliefs. She highlighted Trump’s unconventional approach to politics as a sign of his genuine character.
State Republican Party delegate Anna Bryson expressed admiration for Noem’s financial policies and tax reduction efforts. She acknowledged the dog-shooting incident but credited Noem for her commitment to sound fiscal management.
The convention, attended by over 800 delegates and guests, marked a significant gathering for California Republicans. Despite past protests during Trump’s appearance in Burlingame in 2016, the event with Noem proceeded smoothly with no major disruptions.
Noem’s resilience amidst adversity and her unwavering commitment to her principles garnered both admiration and scrutiny at the California Republican Party convention.
Times staff writer Anabel Sosa contributed to this report.
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