Between January 2017 and January 2021, Trump stacked the federal courts with rightwing ideologues. Three were added to the U.S. Supreme Court. Many more were approved for federal District Courts and Appellate Courts. We are now seeing the results of putting extremists in charge of consequential decisions. Women’s reproductive rights, a 50-year-old precedent, were overruled and left to the states. Some have imposed bans that prevent abortions even in cases of rape, incest, and to protect the life of the mother.

In the current instance, the U.S. Supreme Court gave Texas approval to implement Senate Bill 4, a state law that takes precedence over federal law in regulating the international border with Mexico. For at least a century, federal courts have ruled that federal law governs international borders.

To complicate matters, the Fifth Circuit Court of Appeals has issued a stay on implementation of SB 4. Decades ago, the Fifth Circuit was one of the most liberal appeals courts, and it took the lead in enforcing desegregation. It is now one of the most conservative courts.

The Washington Post described the conflicting court decisions as “whiplash”:

The law’s fate is yet another flash point in the nation’s polarized debate over immigration, which Republican candidate and former president Donald Trump has made a central theme of his campaign against Biden. Whatever the 5th Circuit decides, the status of the law is likely to end up back before the Supreme Court.
The high court’s order Tuesday afternoon set off a fast-moving round of legal maneuvering in the lower court that has kept the law’s status in limbo.

The Supreme Court urged the 5th Circuit to decide quickly whether the law would remain in effect while litigation continues, and hours later a three-judge panel said it would convene a hearing by Zoom on Wednesday morning.
Then, in a highly unusual move, just after 11 p.m. Tuesday, two of the judges on the 5th Circuit panel blocked enforcement of the law in advance of the Wednesday hearing.

The brief order did not explain the reasoning of the two judges — Priscilla Richman, a nominee of George W. Bush, and Irma Carrillo Ramirez, a Biden nominee. The dissenting judge — Andrew Oldham, a Trump nominee — said only that he would have allowed the law to remain in effect before Wednesday’s hearing.

“It’s Ping-Pong,” Efrén C. Olivares, director of strategic litigation and advocacy at the Southern Poverty Law Center, said in a phone interview, describing the back-and-forth rulings.

Olivares said it is unclear whether the three-judge panel will rule immediately, since a preliminary injunction from a lower court remains in place, and the state law is not in effect. Texas conceivably could ask the full circuit court to review the panel’s decision blocking the law temporarily, he said, but he noted that is uncommon.

The law makes it a state crime for migrants to illegally cross the border and gives Texas officials the ability to carry out their own deportations to Mexico.

How they will do so remains unclear. The Mexican government said Tuesday that it would not accept anyone sent back by Texas and condemned the law as “encouraging the separation of families, discrimination and racial profiling that violate the human rights of the migrant community.”

Mexico President Andres Manuel Lopez Obrador on Wednesday referred to the Texas law as Draconian.

“It disrespects human rights, it’s a completely dehumanizing law, it’s anti-Christian, unjust, it violates precepts and norms of human co-existence, Lopez Obrador said. “It doesn’t just violate international law but [the teachings of] the Bible. I say this because those who are applying these unjust, inhumane measures go to church, they forget that the Bible talks about treating the foreigner well, and of course, loving your neighbor.”

The Texas law was passed last year as part of Republican Gov. Greg Abbott’s push to expand the state’s role in immigration enforcement — historically the purview of the federal government and its jurisdiction over international borders.

The Supreme Court’s decision drew dissent from the three liberal justices, two of whom said the majority was inviting “further chaos and crisis in immigration enforcement.”

“This law will disrupt sensitive foreign relations, frustrate the protection of individuals fleeing persecution, hamper active federal enforcement efforts, undermine federal agencies’ ability to detect and monitor imminent security threats, and deter noncitizens from reporting abuse or trafficking,” wrote Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson…

Luis Miranda, a spokesman for the Department of Homeland Security, said federal immigration agencies do not have the authority to assist Texas with the implementation of the state law. The only deportations that U.S. agents are allowed to conduct must involve federal orders, he said.


“Immigration is within the exclusive purview of the federal government,” Miranda said in a statement.


U.S. District Court judge David A. Ezra temporarily blocked the Texas law last month, saying it was probably unconstitutional and “could open the door to each state passing its own version of immigration laws.” Ezra said the law intruded into federal matters even more than an Arizona immigration law that the Supreme Court partially struck down in 2012.


But the 5th Circuit quickly froze Ezra’s decision without explanation and said the Texas law could be enforced, at least temporarily, unless the Supreme Court weighed in.

The Supreme Court did weigh in, allowing Texas to control the border. And a panel of 5th Circuit judges froze the law’s implementation.

Think about it. The U.S. Supreme Court recently decided that one state (Colorado) couldn’t disqualify an oath-breaking insurrectionist because each state would write its own rules. Now the SCOTUS allows one state to control its international border. This makes no sense.

Here is some additional background.

LoneStarLeft, a Texas blogger named Michelle Davis, was horrified by the SCOTUS approval of SB 4. She wrote yesterday:

Today, the Supreme Court ended the pause on SB 4’s implementation and allowed this blatantly unconstitutional law to be enforced while litigated in court. This ruling does not indicate that the law is constitutional; only Texas can implement it while it is being challenged. This is terrible news for many of Texas’ residents. 

SB4 would grant Texas Law Enforcement Officers the authority to deport undocumented immigrants independently, bypassing due process and federal oversight. This move by Texas Republicans aims for quick political gains. The bill would allow officers and state agencies to escort individuals to ports of entry to guarantee adherence. Should immigrants resist compliance with a directive to return, they could be accused of a second-degree felony, risking up to 20 years of incarceration.

Watch Representative Jolanda Jone (D-Harris County) blast this SB4 as it went through the House: 

…Now, under Texas law, any Keystone Cop can decide to drive a person they deem undocumented to the international border and demand they go back into Mexico (even if they are not from Mexico). If the person doesn’t walk across the bridge, they are arrested and imprisoned for up to twenty years.

The Constitution of the United States of America states that the Federal Government’s job is to manage international treaties, our borders, and citizenship issues. SB4 crosses a major line.

Here is a statement put out today by the Mexican Government: 

This bill will even remove people who have been here for decades, living lawfully and paying taxes.

Within SB4, the term “alien” is defined as an individual who is neither a citizen nor a lawful permanent resident. Thus, a person who was once denied a visa but presently holds a valid visa (for example, tourism or marriage) is STILL considered committing an offense, even though they are lawfully present in the country.

Cruelty is the point.

SB4 passed straight down party lines. Every single Republican voted for it, and every single Democrat voted against it. When they tell you who they are, you need to listen. A lot of non-voters need to become voters, the GOP’s authoritarian laws are on our door step…

ALL Latinos should be very concerned right now. 

This immigration law will allow any brown person to be rounded up for any possible violation. SB4 will allow any law enforcement agent in Texas (even school resource officers) the ability to demand a brown person prove they are a citizen (“Show Me Your Papers”). If that person can’t prove their citizenship, they risk deportation to Mexico, no matter their origin. 

The law’s implementation will lead to racial profiling, separate families, and harm Black and brown communities across the state, regardless of immigration status. 

That directly conflicts with the United States Constitution, which states that everyone, regardless of race or immigration status, has the freedom to move and thrive.

Republicans have already committed to opening up shuttered prisons to make room for 80,000 immigration prisoners. Under SB4, police will act as immigration agents and arrest people who “look” like they’re undocumented. Half of Texans are Latino and could “look” undocumented to a racist cop.