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    69 months ago

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    Ruling late Tuesday night, a federal appeals court blocked Texas from enforcing its new immigration law, the latest whiplash-inducing legal development over Senate Bill 4, which seeks to give the state a role in arresting and deporting migrants.

    Ruling late Tuesday night, a federal appeals court blocked Texas from enforcing its new immigration law, the latest whiplash-inducing legal development over Senate Bill 4, which seeks to give the state a role in arresting and deporting migrants.

    The rollercoaster ride of appellate court rulings has yet to consider the heart of the case – whether Texas properly enacted the law to deal with a crush of migrants at its border with Mexico or usurped the federal government’s authority to handle immigration matters and make foreign policy decisions.

    The 5th Circuit Court hastily scheduled oral arguments for 10 a.m. Wednesday on the enforcement question after Justice Amy Coney Barrett, writing for the majority, pointedly urged its judges to address the issue.

    The problem for the Supreme Court, Barrett wrote, is that it has never been asked to analyze an administrative stay — and it should avoid taking this opportunity to review such a short-term ruling, she added.

    Texas has asked the appeals court to overturn a February ruling by U.S. District Judge David Ezra, who said SB 4 was “patently unconstitutional” because states do not have the power to enforce immigration matters.


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