Battle over Texas’ controversial immigration law continues with federal appeals court hearing Wednesday

A federal appeals court will hear arguments Wednesday over whether to allow Texas to temporarily enforce its controversial law that allows state officials to arrest and detain people they suspect of entering the country illegally.

A federal appeals court will hear arguments Wednesday over whether to allow Texas to temporarily enforce its controversial law that allows state officials to arrest and detain people they suspect of entering the country illegally. The hearing comes one day after the Supreme Court cleared the way for the measure to take effect, only for it then to be blocked by the 5th US Circuit Court of Appeals late Tuesday night. The law, SB 4, is part of the ongoing battle between Texas and the Biden administration over border policy and the flow of migrants into the United States. Immigration enforcement, generally, is a responsibility of the federal government, but the law signed by Republican Gov. Greg Abbott in December makes entering Texas illegally a state crime and allows state judges to order immigrants to be deported. The law was initially challenged by the Biden administration, a pair of immigration advocacy groups and El Paso County, all of which have stressed throughout the litigation that the entry and removal of migrants has long been within the federal government’s bailiwick. For its part, Texas has argued that SB 4 “comports with federal law” and claims that “states generally enjoy wide latitude to regulate alien misconduct and prosecute crimes involving illegal entry.” The virtual oral arguments are set to begin at 11 a.m. ET.