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() A controversial Texas immigration law was in the spotlight Wednesday as the 5th U.S. Circuit Court of Appeals assessed its constitutionality and considered whether to allow the state to enforce the measure.
Senate Bill 4 would allow any Texas law enforcement officer to arrest those they suspect of having entered the country illegally. The bill would also grant Texas judges the authority to deport the suspected migrants to Mexico, regardless of their country of origin.
Texas Republicans say SB4 is a necessary tool to help law enforcement because they say the federal government is failing to do so.
The Biden administration argues the law is unconstitutional, interferes with the federal government’s enforcement of immigration policy and hurts international relations. GOP Texas Gov. Greg Abbott argues the state has the right to defend itself.
Abbott says Texas isn’t stopping the Biden administration from enforcing federal law but making it easier to do its job by putting migrants suspected of being in the U.S. illegally into federal custody.
Texas was allowed to enforce the law for just a few hours last month before it was put on hold by the same three-judge panel that once again heard arguments Wednesday.
In the panel’s 2-1 decision last month, Chief Judge Priscilla Richman cited a 2012 Supreme Court decision that struck down portions of a strict Arizona immigration law, including arrest power. Opponents of the Texas law have said it is the most dramatic attempt by a state to police immigration since that Arizona law.
The panel’s March 19 ruling came hours after the U.S. Supreme Court cleared the way for the Texas law to take effect. The high court, however, did not rule on the merits of the law and sent the case back to the appeals court for further proceedings.
The Associated Press contributed to this report.