Texas Migrant Arrest Law Blocked by Appeals Court

By LG Staff

By LG Staff

May 9, 2024

A federal appeals court dealt a blow to Texas on Tuesday, ruling against the implementation of a law allowing the state to arrest and deport migrants while the legality of the measure is being challenged in court.

The U.S. Court of Appeals for the Fifth Circuit, known for its conservative stance, voted 2-to-1 in favor of upholding an injunction against the law, which was imposed last month by a lower court in Austin. The decision aligns with arguments presented by lawyers for the Biden administration, asserting that the law violates the U.S. Constitution and established legal precedent.

Chief Judge Priscilla Richman, joined by Judge Irma Carrillo Ramirez, emphasized in the majority opinion that Texas’ law conflicts with federal statutes and Supreme Court rulings, notably the 2012 case Arizona v. United States. The ruling underscored the long-standing principle that immigration control falls under federal jurisdiction.

Governor Greg Abbott, while disappointed by the setback, anticipated the legal battle’s escalation to the Supreme Court. Abbott has defended the law as a necessary response to the influx of migrants from Mexico into Texas, asserting that it is tailored to challenge the precedent set by the Arizona case.

The dissenting opinion, authored by Judge Andrew S. Oldham, suggested that the panel’s decision foreshadows a similar outcome in favor of the federal government during arguments scheduled for next month. Texas may pursue emergency action from the Supreme Court or await the April 3 hearings on the law’s substance and the appropriateness of the injunction.

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