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Appeals court blocks Texas immigration law after Supreme Court action

  

Category:  News & Politics

Via:  perrie-halpern  •  one month ago  •  32 comments

By:   Lawrence Hurley

Appeals court blocks Texas immigration law after Supreme Court action
The decision comes just hours after the Supreme Court said the measure, known as SB4, could go into effect while litigation continues.

S E E D E D   C O N T E N T


A federal appeals court Tuesday night ordered that a contentious new Texas immigration law be paused just hours after the Supreme Court said it could go into effect.

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals split 2-1 in saying in a brief order that the measure, known as SB4, should be blocked. The same court is hearing arguments on the issue Wednesday morning.

The state law would allow police to arrest migrants who illegally cross the border from Mexico and impose criminal penalties. It would also empower state judges to order people to be deported to Mexico.

The Supreme Court's order prompted alarm among immigrant rights activists amid confusion on the ground about whether the law could be enforced immediately.

The appeals court appeared to be taking the hint from the Supreme Court, which in rejecting an emergency application filed by the Biden administration put the onus on the appeals court to act quickly.

"If a decision does not issue soon, the applicants may return to this court," conservative Justice Amy Coney Barrett wrote in a separate opinion joined by fellow conservative Justice Brett Kavanaugh.

On the appeals court, Judges Priscilla Richman and Irma Carillo Ramirez voted to block the law. Judge Andrew Oldham voted for it to remain in effect while the court considers whether to block it.

Richman and Oldham are both appointees, while Ramirez was appointed by President Joe Biden.

The Biden administration has argued that the law conflicts with federal immigration law and that states have no authority to legislate on the issue.


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Jeremy Retired in NC
Professor Expert
1  Jeremy Retired in NC    one month ago

What idiots would want to halt enforcement of state and federal laws?  Oh, that's right, the Traitor Joe administration.

 
 
 
devangelical
Professor Principal
1.1  devangelical  replied to  Jeremy Retired in NC @1    4 weeks ago

then why isn't ken paxton in jail?

 
 
 
Jeremy Retired in NC
Professor Expert
1.1.1  Jeremy Retired in NC  replied to  devangelical @1.1    4 weeks ago

I pointed out the idiocy of an administration fighting to NOT doing their jobs.  Who said anything about people going to jail?

 
 
 
devangelical
Professor Principal
1.1.2  devangelical  replied to  Jeremy Retired in NC @1.1.1    4 weeks ago
What idiots would want to halt enforcement of state and federal laws?

... every republican in texas, especially the texas AG.

 
 
 
Jeremy Retired in NC
Professor Expert
1.1.3  Jeremy Retired in NC  replied to  devangelical @1.1.2    4 weeks ago

Wait.  You actually believe Texas, a state that is trying to implement law that backs federal law is trying NOT to enforce a state law?  What kind of backwards thinking is that?

 
 
 
Krishna
Professor Expert
1.1.4  Krishna  replied to  Jeremy Retired in NC @1.1.1    4 weeks ago
Who said anything about people going to jail?

devangelical did (in comment 1, 1, above:

then why isn't ken paxton in jail?

 
 
 
Jeremy Retired in NC
Professor Expert
1.1.5  Jeremy Retired in NC  replied to  Jeremy Retired in NC @1.1.3    4 weeks ago

Prove otherwise.

 
 
 
Jeremy Retired in NC
Professor Expert
1.1.6  Jeremy Retired in NC  replied to  Krishna @1.1.4    4 weeks ago

[] Who said anything about people going to jail?

 
 
 
devangelical
Professor Principal
1.1.7  devangelical  replied to  Jeremy Retired in NC @1.1.6    4 weeks ago

[]

 
 
 
Greg Jones
Professor Participates
2  Greg Jones    one month ago

Since the treasonous Biden administration won't act and enforce existing law, the states have no choice but to act on their own.

The Supreme Court has pretty much spoken on this issue, and SB4 is likely to pass Constitutional muster and be put into effect.

Since the precedent has been established, other states are likely to come up with similar laws.

 
 
 
evilone
Professor Guide
2.1  evilone  replied to  Greg Jones @2    one month ago
Since the treasonous Biden administration won't act and enforce existing law,

The first lie. They are doing poorly, but they are enforcing the law.

The Supreme Court has pretty much spoken on this issue, and SB4 is likely to pass Constitutional muster and be put into effect.

The second lie. The SCOTUS only dropped the stay for the 5th Circuit Court of Appeals to take it up. Which they did

Since the precedent has been established,

The third lie for a hat trick. The only established precedent is the one that where immigration enforcement falls to the feds and it will likely stand.

 
 
 
Jeremy Retired in NC
Professor Expert
2.1.1  Jeremy Retired in NC  replied to  evilone @2.1    one month ago
The first lie. They are doing poorly, but they are enforcing the law.

Not building barriers or stopping the construction of the barriers along the border and suing states that put up barriers along the border to secure it is not enforcing the law.  That's the opposite.

Did you forget the federal judge ruled that Traitor Joe's administration must resume construction as set by the previous administration with the funds set by the same administration?

Judge Orders Biden Administration to Build the Wall

The Biden administration must spend funds allocated by Congress to build a wall on the southern border, a federal judge  ruled  Friday. Southern District of Texas Judge Drew Tipton sharply rebuked the Department of Homeland Security for contending that, “notwithstanding the language in the statute,” it had discretion to spend the money however it pleased. “Whether the Executive Branch must adhere to federal laws is not, as a general matter, an area traditionally left to its discretion,” 

 
 
 
Greg Jones
Professor Participates
2.1.2  Greg Jones  replied to  evilone @2.1    one month ago

When the dust settles, SB4 will stand, and be enforced. Is Biden going to send the National Guard to keep Texas law enforcement from applying the law??  

 
 
 
Hallux
PhD Principal
2.1.3  Hallux  replied to  Jeremy Retired in NC @2.1.1    one month ago

Ah yes, The Washington Stand ... the 'independent' mouthpiece of the 'independent' Family Research Council. Yikes!

 
 
 
evilone
Professor Guide
2.1.4  evilone  replied to  Jeremy Retired in NC @2.1.1    one month ago
Did you forget the federal judge ruled that Traitor Joe's administration must resume construction as set by the previous administration with the funds set by the same administration?

Are complying with the order?

 
 
 
evilone
Professor Guide
2.1.5  evilone  replied to  Greg Jones @2.1.2    one month ago
When the dust settles, SB4 will stand

Not unless they ignore the constitution.

Is Biden going to send the National Guard to keep Texas law enforcement from applying the law??  

Did they send the National Guard to AZ when they tried to enact a similar law?

 
 
 
1stwarrior
Professor Participates
2.1.6  1stwarrior  replied to  evilone @2.1    4 weeks ago

Evil - consider this - The Court’s caseload is almost entirely appellate in nature, and the Court’s decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law.

Only if two or more appellate courts have differing opinions, substantiated with a plethora of NEW FACTS, will the court rehear the case.

Otherwise, their decision stands.

In this particular case, only ONE appellate court disagrees - two or more appellate courts are the base requirement.

They don't stand a chance of being granted a writ of certiorari.

 
 
 
Kavika
Professor Principal
2.1.7  Kavika   replied to  evilone @2.1.5    4 weeks ago

If it does become law we will have another Sheriff Joe situation and the lawsuits will start flying.

I read earlier where Texas LEO said that they would not enforce SB 4 even if it became law, and in the meantime, it gets more and more confusing.

Texas cops say they WON'T enforce Abbott's SB4 migrant arrest bill even if it becomes law - as it's blocked AGAIN in latest round of legal whiplash

 
 
 
Hallux
PhD Principal
2.1.8  Hallux  replied to  Kavika @2.1.7    4 weeks ago

Republicans are great at passing laws but not funding them making them moot. It's an old vote buying trick.

 
 
 
1stwarrior
Professor Participates
2.1.9  1stwarrior  replied to  Kavika @2.1.7    4 weeks ago

It's gonna be interesting.

 
 
 
Jeremy Retired in NC
Professor Expert
2.1.10  Jeremy Retired in NC  replied to  Hallux @2.1.3    4 weeks ago

So you can't dispute the information so it's the source you attack.  Come back when you have an argument.

 
 
 
evilone
Professor Guide
2.1.11  evilone  replied to  Kavika @2.1.7    4 weeks ago
If it does become law we will have another Sheriff Joe situation and the lawsuits will start flying. I read earlier where Texas LEO said that they would not enforce SB 4 even if it became law, and in the meantime, it gets more and more confusing.

There isn't much LEOs can do to enforce the law legally that they can't already do. All this does is move the responsibility for housing and return (which Mexico said they won't accept) to state facilities and state courts in an unfunded mandate. Watch Abbot try to turn Eagle Pass into an internment camp...

 
 
 
Hallux
PhD Principal
2.1.12  Hallux  replied to  Jeremy Retired in NC @2.1.10    4 weeks ago

When it comes to the Washington Stand, the source and the content are one in the same.

 
 
 
Jeremy Retired in NC
Professor Expert
2.1.13  Jeremy Retired in NC  replied to  Hallux @2.1.12    4 weeks ago
 
 
 
Hallux
PhD Principal
2.1.14  Hallux  replied to  Jeremy Retired in NC @2.1.13    4 weeks ago

Once was far more than enough. I actually read thru a number of their screeds, I believe the appropriate acronym is GIGO ... a MAGA forte.

 
 
 
Split Personality
Professor Guide
2.1.15  Split Personality  replied to  Kavika @2.1.7    4 weeks ago

Maverick County Sheriff says the County jail is already full of miscreants and they cannot afford the fines for deliberate overcrowding or to build new facilities, so he just wont step on the Border Patrols "domain".

 
 
 
devangelical
Professor Principal
2.1.16  devangelical  replied to  Split Personality @2.1.15    4 weeks ago

the rwnj austin nazis only care about getting their mugs on FOX ...

 
 
 
Split Personality
Professor Guide
2.1.17  Split Personality  replied to  Greg Jones @2.1.2    4 weeks ago
When the dust settles, SB4 will stand, and be enforced.

Not until they amend the Constitution...

The 5th Circuit,   according to Ford , has often shown a "willingness to act as a vehicle for quixotic laws and lawsuits from conservatives to change or block national policies." But the High Court's "move on Tuesday,"   Ford adds , could "be a sign that their patience with this state of affairs is running out."

"Under SB 4,"   Ford notes , "illegal entry into the United States is a state-level crime, empowering state law-enforcement agencies to make arrests for potential violations of it…. The Constitution gives that power to the federal government, however, not to the states…. This is the second time in recent weeks that the federal judiciary has implicitly dinged the 5th Circuit for its procedural mischief."

Ford continues , "Earlier this month, the Judicial Conference of the United States, the policymaking body for the federal courts, announced a new rule that requires courts to assign cases of national importance at random when they are filed in single-judge divisions. The conference said the change was necessary to '(deter) judge-shopping and the assignment of cases based on the perceived merits or abilities of a particular judge'…. Tuesday's move by the Court is another sign that the federal judiciary as a whole has lost patience with the legal legerdemain that takes place in Texas."

Even the Roberts Court has 'lost patience' with far-right appellate judges’ 'shenanigans' (msn.com)

 
 
 
MrFrost
Professor Expert
2.2  MrFrost  replied to  Greg Jones @2    one month ago
Since the treasonous Biden administration won't act and enforce existing law

So it's his job, specifically to enforce the law? You claim he can barely talk but you want him personally enforcing every law on the books in the USA?

 
 
 
George
Junior Expert
2.2.1  George  replied to  MrFrost @2.2    one month ago

Do you know what the word administration means? it is clearly in his comment.

 
 
 
1stwarrior
Professor Participates
2.3  1stwarrior  replied to  Greg Jones @2    one month ago

I didn't know Andy Jackson was still alive and in the South.

 
 
 
George
Junior Expert
3  George    one month ago
Richman and Oldham are both appointees, while Ramirez was appointed by President Joe Biden.

Nice reporting, Since all federal judges are appointees, glad you were able to get that detail right NBC.

 
 

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