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The Supreme Court has ruled in favor of allowing a Texas law, designed to arrest individuals suspected of illegal entry from Mexico, to be enacted.

The conservative-majority court rejected an emergency request by the Biden administration, which sought to stop Texas from enforcing illegal immigration cases in the United States. By rejecting the emergency request, the law can go into effect while a lower court hears arguments about the law. 

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Governor Greg Abbott of Texas praised the law, SB4, as a critical step towards empowering state and local law enforcement to detain undocumented migrants. Despite this, US Solicitor General Elizabeth Prelograr said, “There is no ambiguity in SB4. It is flatly inconsistent with federal law in all its applications, and it is therefore preempted on its face.”

Texas defended the statute on grounds of state sovereignty, arguing that it has the constitutional right to secure its borders, especially in light of what it perceives as the federal government’s failure to do so. The state’s stance found support in the Supreme Court’s latest order, which dismissed the Justice Department’s request for a longer pause on the law’s enforcement.

As the legal battle progresses, the case is set to return to the 5th US Circuit Court of Appeals for further deliberation, with the potential for the losing party to appeal back to the Supreme Court.


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