Article Summary –
The legal battle over Texas’ controversial immigration law, SB 4, could provide the Supreme Court with the opportunity to revisit a historic ruling that largely struck down Arizona’s “show me your papers” law. Currently, the law is on hold while three judges review its constitutionality, but legal experts suggest that if the case reaches the Supreme Court, it could significantly alter the federal government’s control over immigration policy. Some believe that Texas is seeking to overturn the 2012 ruling which affirmed the federal government’s extensive power over immigration.
Texas Immigration Law Could Challenge Federal Control Over Immigration Policy
The controversial Texas immigration law, SB 4, potentially gives the Supreme Court an opportunity to revisit a historic ruling that affirmed federal authority over immigration policy. The law, which authorizes state officials to arrest and detain suspected illegal immigrants, is currently being argued in the 5th US Circuit Court of Appeals in New Orleans.
SB 4 is presently on hold, with three judges assessing its constitutionality. The recent majority ruling prominently cited the 2012 Supreme Court case, Arizona v. United States, which struck down a similar Arizona law (SB 1070), emphasizing federal power over immigration. Experts believe this Texas case could prompt the conservative Supreme Court to reconsider federal control over immigration policy.
Georgetown Law Professor Andrew Schoenholtz highlighted the potential for a significant shift in the Supreme Court’s stance on immigration law. When the law was signed, Texas Governor Greg Abbott acknowledged that it could lead to a Supreme Court reassessment of the Arizona precedent.
Denise Gilman, a University of Texas School of Law professor, concurred that Texas’ aim is to overturn the Arizona ruling. Legal challenges to SB 4 began after its initial blockage by a federal judge in late February, in cases brought by the Biden administration, two immigrant advocacy groups, and El Paso County. After a brief period of enforcement in March, the law was once again put on hold.
The Arizona law, SB 1070, was a high-profile example of state-led immigration policy. It included provisions allowing police to check immigration status during traffic stops with “reasonable suspicion”, which critics dubbed the “show me your papers” law. It also criminalized unauthorized immigrants for not carrying registration papers and other ID, as well as applying for or performing work.
After numerous legal challenges, the Supreme Court upheld the “show me your papers” provision of the Arizona law while striking down the rest. Justice Anthony Kennedy’s majority ruling reaffirmed the federal government’s authority over immigration matters.
The court’s Arizona decision is significant as SB 4 contains similar concepts that were struck down. Justices Clarence Thomas and Samuel Alito, who dissented on the 2012 case, are still serving on the court. Jessica Bulman-Pozen, a Columbia Law School professor, noted that Texas’ defense of SB 4 aligns closely with the dissenting opinion from the 2012 case, written by the late Justice Antonin Scalia.
Texas’s attorneys have similarly argued that the Arizona ruling does not preclude states from regulating entry and reentry or issuing deportation orders. However, revisiting the Arizona ruling in this case would mark a significant departure from precedent and our nation’s history, according to Bulman-Pozen.
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