(NewsNation) — An appeals court ordered late Tuesday that the controversial Texas migrant arrest law remain on hold, leaving the block in place while a legal fight plays out.
The 5th U.S. Circuit Court of Appeals decision followed a March 20 hearing by a three-judge panel of the New Orleans-based court. It’s just the latest move in a seesaw legal case that is not yet over.
The law, Senate Bill 4, would allow Texas police to have broad authority when it comes to arresting those suspected of crossing into the U.S. illegally.
The Justice Department has argued Texas’ law is a clear violation of federal authority and would create chaos at the border. Texas has argued President Joe Biden’s administration isn’t doing enough to control the border and that the state has a right to take action.
A federal judge in Texas previously blocked the law in a sweeping rejection last month, calling it a violation of the supremacy clause of the U.S. Constitution. Texas swiftly appealed the ruling and argued that it has a right to take action over what Gov. Greg Abbott has described as an “invasion” of migrants on the border.
On March 4, a federal appeals court allowed the law to take effect but granted a temporary stay of a lower court’s decision to block the law to give the Supreme Court a chance to hear an appeal of the decision.
The nation’s highest court responded, initially putting the law on pause. But it later went into effect for several hours March 19 after the Supreme Court cleared the way by sending the case back to the 5th Circuit, which then suspended enforcement while it considered the latest appeal.
The latest ruling keeps the block in place.
Texas did not announce any arrests during the brief time the law was previously in effect. Authorities have offered various explanations for how they might enforce the law. Mexico has said it would refuse to take back anyone who is ordered by Texas to cross the border.
Abbott signed the law in December, authorizing state law enforcement to arrest people suspected of entering the United States illegally, giving local officers powers long delegated to the U.S. government.
If the law takes effect, it will become one of the toughest state immigration laws in U.S. history. However, agencies insist that their operations will remain unchanged.
The Associated Press contributed to this report.
