Texas migrant law in limbo after Supreme Court OK
The law has been blocked again, mere hours after the Supreme Court allowed the state to arrest migrants


What happened
The Supreme Court voted 6-3 Tuesday to allow Texas to enforce a controversial law that lets state authorities arrest and deport suspected undocumented migrants. A divided three-judge panel at the U.S. 5th Circuit Court of Appeals late Tuesday blocked the law, overriding a different three-judge panel that had green-lighted it after a federal judge in Texas ruled it unconstitutional.
Who said what
Letting the law take effect would "upend the longstanding federal-state balance of power and sow chaos" in immigration enforcement, Justice Sonia Sotomayor said in her dissent. Justice Amy Coney Barrett said the Supreme Court was not the proper venue to review the 5th Circuit's possible procedural abuses. "Mexico will not accept, under any circumstances, repatriations by the state of Texas," Mexico's foreign ministry said.
The commentary
In the few hours the law, SB4, was not enjoined, "some sheriffs were ready to relish an unprecedented state expansion into border enforcement, while others were reluctant," The Washington Post said. "A lot of the local police chiefs here, we don't believe it will survive a constitutional challenge," said Hidalgo County Sheriff Eddie Guerra. And "we have no training whatsoever to determine whether an individual is here in this country, legally."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What next?
The 5th Circuit panel will hear arguments Wednesday on whether the law should remain suspended while the Justice Department fights to have it struck down. The merits of the case will be litigated in April.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
5 low ratings cartoons about the Late Show cancellation
Cartoons Artists take on early warning signs, the Gen Z stare, and more
-
Connie Francis: Superstar of the early 1960s pop scene
In the Spotlight The 'Pretty Little Baby' and 'Stupid Cupid' singer has died aged 87
-
Crossword: July 26, 2025
The Week's daily crossword puzzle
-
Trump executive order targets homeless
Speed Read It will now be easier for states and cities to remove homeless people from the streets
-
Columbia pays $200M to settle with White House
Speed Read The Trump administration accused the school of failing to protect its Jewish students amid pro-Palestinian protests
-
Florida judge and DOJ make Epstein trouble for Trump
Speed Read The Trump administration's request to release grand jury transcripts from the Epstein investigation was denied
-
Trump attacks Obama as Epstein furor mounts
Speed Read The Trump administration accused the Obama administration of 'treasonous' behavior during the 2016 election
-
Deportations: The growing backlash
Feature New poll numbers show declining support for Trump's deportation crackdown
-
Trump administration releases MLK files
Speed Read Newly released documents on the 1968 assassination of the Rev. Dr. Martin Luther King Jr. did not hold any new revelations, King historians said
-
Are we facing a summer of riots?
Today's Big Question Anti-immigrant unrest in Essex has sparked fears of a summer of disorder
-
Japan's prime minister feels pressure after election losses
Speed Read Shigeru Ishiba has vowed to remain in office