A federal appeals court has again prevented Texas from arresting and deporting migrants accused of entering the U.S. illegally, hours after the the law briefly took effect
McTexas’ plans to arrest migrants suspected of entering the U.S. illegally were again on hold Wednesday after setting off uncertainty along the border and anger from Mexico flared during a brief few hours that the law was allowed to take effect.
A late-night order Tuesday from a 5th U.S. Circuit Court of Appeals panel temporarily put on hold — again — Texas’ dramatic state expansion into border enforcement. Earlier in the day, the U.S. Supreme Court had cleared the way for the strict immigration law, dealing a victory to Republican Gov. Greg Abbott and encouraging GOP lawmakers in other states that are pushing for similar measures.
But later in a 2-1 order, an appeals court panel continued the legal seesaw surrounding the Texas law, again putting it on pause ahead of oral arguments that were scheduled for Wednesday. It was not clear how quickly the next decision might come.
During the short time the law was in effect Tuesday, Texas authorities did not announce that any arrests had been made or say whether it was being actively enforced. Along the border in Kinney County, Sheriff Brad Coe embraced the arrest powers but said deputies would need probable cause.
“It is unlikely that observers will see an overnight change,” said Coe, whose county covers a stretch of border near Del Rio that until recently had been the busiest corridor for illegal crossings but has quieted considerably.
The Supreme Court did not rule on the merits of the law. It instead kicked back to the lower appeals court a challenge led by the Justice Department, which has argued that Texas is overstepping the federal government’s immigration authority.
The latest appeals court order included no explanation from the panel. But it had the effect of restoring an injunction issued in February by U.S. District Judge David Ezra, who rebuked the law on multiple fronts.
