The U.S. Supreme Court is allowing the Texas immigration law to take effect. The law gives enforcement officials the authority to stop, inspect, and detain individuals believed to be in the state without a legal basis. Additionally, the Texas law gives state judges the authority to return individuals found to be in the country without a legal basis to a port of entry.

The Supreme Court reviewed the emergency application and did not provide any reasoning, which is standard for such processes. In the concurring opinion from Justice Kavanaugh and Justice Barrett, they stated it was too soon to review the Fifth Circuit court’s temporary administrative order that lets the Texas law take effect. Per the justices, the Fifth Circuit has yet to review the merits of the law and the Biden administration’s position against it. Furthermore, Justice Barrett stated that the Supreme Court has never reviewed the deci­sion of a court of appeals–to enter or not enter–an administrative stay.

Justice Sotomayor, Justice Jackson, and Justice Kagan all dissented. In Justice Sotomayor’s statement, she states the Texas law goes against the longstanding federal-state balance of power. She goes on to say that the only court that considered the law stated that it is likely unconstitutional.

As always, we actively monitor ongoing updates to U.S. immigration policy. If you have questions about any U.S. immigration-related issue, please contact us. Our team of experienced attorneys work with our clients every step of the way.