A federal appeals court late Tuesday issued an order that again prevents Texas from arresting migrants suspected of entering the U.S. illegally, hours after the Supreme Court allowed the strict new immigration law to take effect,
AP reports.
The decision by the 5th U.S. Circuit Court of Appeals comes weeks after a panel on the same court cleared the way for Texas to enforce the law by putting a pause on a lower judge’s injunction.
But by a 2-1 order, a panel of the appeals court lifted that pause ahead of arguments before the court on Wednesday.
Texas authorities had not announced any arrests made under the law.
Earlier Tuesday a divided Supreme Court had allowed Texas to begin enforcing a law that gives police broad powers to arrest migrants suspected of crossing the border illegally as the legal battle over the measure played out.
The conservative majority order rejected an emergency application from the Biden administration, which says the law is a clear violation of federal authority that would cause chaos in immigration law.
Texas Gov. Greg Abbott had praised the order clearing the way for the law that allows any police officer in Texas to arrest migrants for illegal entry and authorizes judges to order them to leave the U.S.
The high court didn’t address whether the law is constitutional. The measure was sent to the appellate court, which made the late Tuesday ruling.
It was also unclear where any migrants ordered to leave might go if the law is ultimately allowed. It calls for them to be sent to ports of entry along the U.S.-Mexico border, even if they are not Mexican citizens.
But Mexico’s government said Tuesday it would not “under any circumstances” accept the return of any migrants to its territory from the state of Texas. Mexico is not required to accept deportations of anyone except Mexican citizens.
