In an unprecedented move, the Supreme Court of Justice made the decision to allow a controversial immigration law from Texas to take effect, which, among other things, requires state law enforcement agencies to detain individuals they suspect to be undocumented. This sets a dangerous precedent that undermines the authority of the federal government in immigration matters and de facto legalizes racial profiling.
Why was this anti-immigrant law approved?
It is not the first time that a state has attempted to pass such laws; however, in the past, they were suspended by the courts, as they clashed with the federal government's authority to enforce immigration laws. States are not empowered to exercise immigration functions. So, why was the Texas law authorized?
SB4, signed last year by Texas Governor Greg Abbott, makes illegal immigration a state offense, granting local agencies the authority to arrest individuals suspected of illegally entering the country from Mexico, to then be put through the deportation process.
As expected, this law was challenged in court and was temporarily suspended while it navigates through litigation. The Supreme Court ruled against this temporary suspension.
In a divided decision, the country's highest court allowed the controversial Texas law to take effect on March 19, without analyzing its constitutionality, while the Fifth Circuit Court of Appeals considers the legality of SB4. That same night, the Court of Appeals voted to suspend the controversial law. At the moment the law is on pause again; However, the precedent set by the Supreme Court is despicable.
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Unconstitutional law approved
Justice Sonia Sotomayor expressed her disagreement with this decision through an extensive response, stating that the Texas law directly regulates the entry and expulsion of immigrants, and instructs its state courts to ignore any ongoing federal immigration proceedings.
The Texas law “amounts to nullification of federal law and authority” a notion that has been unequivocally rejected by federal courts since the Civil War, asserts Sotomayor.
The justice argues that this law will cause chaos in the enforcement of immigration law, affect foreign relations, weaken federal agencies' ability to detect security threats, and deter undocumented individuals from reporting abuses or human traffickers.
Seeking to create chaos
Coincidentally (or not), this decision by the Supreme Court, led by a conservative majority, is part of an effort to create as much chaos as possible at the border, a strategy driven by the Republican election campaign. This is not speculation.
The Emergency Supplemental Appropriations Act for Homeland Security 2024 was introduced by a bipartisan group of senators in February. This law tightened immigration controls, allocated more personnel to the border, toughened the asylum process, and expedited deportations. It was the golden dream of Republican lawmakers, but it was they themselves who obstructed it. The reason? A request to maintain chaos.
With all audacity, former President Donald Trump criticized the agreement, saying that tightening border measures does not benefit him. He hinted that maintaining the idea of an uncontrolled border will give him more votes.
There is a real fear that such actions will motivate ultraconservative politicians to enact laws like that of Texas in other states, such as North Carolina. It is essential that we become aware of these dangers and assume our responsibility to vote for representatives who think of the good of all, and not of selfish political calculations.