Appeals Court Keeps Block on Texas Migrant Arrest Law

Published March 27, 2024Updated March 28, 2024

A federal appeals court late Tuesday ruled against Texas in its bitter clash with the federal government, deciding that a law allowing the state to arrest and deport migrants could not be implemented while the courts wrestled with the question of whether it is legal.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, which has a reputation for conservative rulings, sided in its 2-to-1 decision with lawyers for the Biden administration who have argued that the law violates the U.S. Constitution and decades of legal precedent.

The panel's 50-page majority opinion left in place an injunction imposed last month by a lower court in Austin, which found that the federal government was likely to succeed in its arguments against the law. The opinion was written by the Fifth Circuit's chief judge, Priscilla Richman, a nominee of President George W. Bush, and was joined by Judge Irma Carrillo Ramirez, who was nominated to the bench by President Biden last year.

Judge Richman found that Texas' law conflicted with federal law and with Supreme Court precedent, particularly a 2012 immigration case, Arizona v. United States.

"For nearly 150 years, the Supreme Court has held that the power to control immigration — the entry, admission and removal of noncitizens — is exclusively a federal power," she wrote. "Texas has not shown that it is likely to succeed on the merits," she said after discussing how various arguments made by the state fell short.

It was a setback for Gov. Greg Abbott but not an unexpected one: The governor has said that he anticipated the fight over the law's constitutionality to eventually reach the Supreme Court. Mr. Abbott has said the law, which allows the state to arrest and deport migrants on its own, is necessary to deal with the record number of migrants crossing into Texas from Mexico.

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