In an abrupt turn around, the U.S. Supreme Court is allowing the Texas migrant law to stand. This gives law enforcement officials the authority to stop, inspect, and detain individuals believed to be in the state without a legal basis. Further, per the Texas migrant law, judges can 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, as is typical for such processes. However, in the concurring opinion from Justice Kavanaugh and Justice Barrett, reviewing the Fifth Circuit’s temporary administrative decision that lets the Texas law take effect is premature. Per the justices, the circuit court has yet to review the merits of the law and the Biden administration’s position against it. Justice Barrett further stated the Supreme Court has not yet reviewed a court of appeals decision and either issued or not issued an administrative stay in its history.

Dissenting Justices include Justice Sotomayor, Justice Jackson, and Justice Kagan. In Justice Sotomayor’s statement, she states the Texas law upends the longstanding federal-state balance of power and the only court that considered the law stated it is likely unconstitutional.

As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about any U.S. immigration-related issue, contact us. Our team of experienced attorneys work with our clients to ensure they get the right advice for their specific situation.

Texas immigration