Court put Texas migrant law back on hold

McALLEN, Texas — Plans by Texas to arrest migrants suspected of entering the U.S. illegally were again on hold Wednesday after setting off uncertainty along the border and anger from Mexico flared during a brief few hours that the law was allowed to take effect.

A late-night order Tuesday from a 5th U.S. Circuit Court of Appeals panel put on hold — again — Texas’ dramatic state expansion into border enforcement. Earlier in the day, the U.S. Supreme Court had cleared the way for the strict immigration law, dealing a victory to Republican Gov. Greg Abbott and encouraging GOP lawmakers in other states that are pushing for similar measures.

But later in a 2-1 order, an appeals court panel continued the legal seesaw surrounding the Texas law, again pausing it ahead of oral arguments that were scheduled for Wednesday. It was not clear how quickly the next decision might come.

During the short time the law was in effect Tuesday, Texas authorities did not announce any arrests or say whether it was being actively enforced. Along the border in Kinney County, Sheriff Brad Coe embraced the arrest powers but said deputies would need probable cause.

“It is unlikely that observers will see an overnight change,” said Coe, whose county covers a stretch of border near Del Rio that until recently had been the busiest corridor for illegal crossings but has quieted considerably.

The Supreme Court did not rule on the merits of the law. It instead kicked back to the lower appeals court a challenge led by the Justice Department, which has argued that Texas is overstepping the federal government’s authority.

The latest appeals court order included no explanation from the panel. But it had the effect of restoring an injunction issued in February by U.S. District Judge David Ezra, who rebuked the law on multiple fronts. His 114-page opinion brushed off Republicans’ claims of an “invasion” along the southern border due to recordhigh illegal crossings. Ezra, an appointee of former President Ronald Reagan, also warned that the law could hamper U.S. foreign relations.

Under the Texas law, once defendants are in custody on illegal entry charges, they can agree to a judge’s order to leave the U.S. or face prosecution. On Tuesday, Mexico’s Foreign Affairs Secretary said in a sharply worded statement that it would refuse to take anyone back who is ordered to cross the border.