A divided appeals court has upheld a preliminary injunction against the State of Texas, continuing to stall the enforcement of Senate Bill 4 (S.B. 4), a state law targeting illegal immigration that allows the state to arrest and deport suspected illegal immigrants.
The United States Court of Appeals for the Fifth Circuit’s decision, in which one member of the three-judge panel dissented, follows conflicting rulings over the law that the Supreme Court briefly allowed to take effect last week.
The high court sent the case back to the 5th Circuit, which then halted enforcement while it considered the latest appeal.
The majority’s opinion said, in part, that “The United States has broad powers and rights granted by the Constitution and Congress regarding immigration matters.”
They further argue that neither the state of Texas nor their dissenting colleague has offered enough explanation as to why the United States should be barred from suing the state over the law.
“What logical basis is there for courts to say private parties and government agencies or actors may bring an action sounding in equity but not the United States,” the majority questioned in their opinion. “Neither Texas nor the dissenting opinion offers a rationale that would support such a distinction.”
Hellbound and Down 