Supreme Court lets Texas detain and jail migrants under SB4 immigration law as legal battle continues

The Supreme Court on Tuesday gave Texas officials permission to detain and jail migrants suspected of crossing the U.S. southern border without authorization, greenlighting the enforcement of a state immigration law known as SB4 that the Biden administration has called unconstitutional.

Denying a request from the Justice Department, the high court allowed the controversial Texas law, one of Gov. Greg Abbott's signature immigration policies, to take effect while the U.S. Court of Appeals for the 5th Circuit considers the measure's legality.

Passed by the Texas legislature last year, SB4 criminalizes unauthorized migration at the state level, making the act of entering the U.S. outside of a port of entry — already a federal offense — into a state crime. It also creates a felony charge for illegal reentry at the state level.