The ongoing legal dispute surrounding a contentious Texas immigration statute may lead to a Supreme Court review, potentially reopening discussions on a landmark decision that largely invalidated Arizona’s “show me your papers” legislation and affirmed federal jurisdiction over immigration.
Texas’ SB 4, permitting state officials to arrest and detain individuals suspected of illegal entry into the country, was under scrutiny again on Wednesday at the 5th US Circuit Court of Appeals in New Orleans. The law remains suspended as three judges deliberate its constitutionality. This same panel heard arguments on Wednesday.
The recent 2-1 decision, largely relying on the precedent set by the 2012 Supreme Court case Arizona v. United States, reflects on the potential ramifications of Texas’ immigration law, SB 4.
This case may provide a chance for the conservative-majority Supreme Court to reevaluate the federal government’s longstanding authority over immigration policy, according to legal experts. Andrew Schoenholtz, an immigration law expert at Georgetown Law, noted that a potential reversal of the 2012 ruling would signify a significant shift in immigration law, stating, “This could potentially mark one of the most significant shifts the Supreme Court has made in immigration law.”
Texas Governor Greg Abbott, a Republican, acknowledged the likelihood of the issue reaching the Supreme Court and expressed a desire for the court to overturn the Arizona precedent. Denise Gilman, a professor at the University of Texas School of Law, echoed the sentiment, suggesting that Texas aims to persuade the justices to reverse the Arizona decision.
She highlighted the Supreme Court’s authority to overturn its own precedent, indicating the state’s intention to pursue this avenue.
SB 4 faced initial opposition when a federal judge blocked it in late February following lawsuits filed by the Biden administration, two immigrant advocacy groups, and El Paso County. Texas promptly appealed this decision to the 5th Circuit.
Meanwhile, the Supreme Court granted temporary permission for the state to enforce the law on March 19, only for the appeals court to reinstate the block hours later.
The “show me your papers” law in Arizona serves as a prominent case study of the repercussions when states attempt to assert control over immigration policy.
In 2010, then-Arizona Governor Jan Brewer signed into law SB 1070, also dubbed the Support Our Law Enforcement and Safe Neighborhoods Act. Key among its provisions was the authorization for police to check a person’s immigration status during traffic stops or other law enforcement encounters if there was “reasonable suspicion” of unlawful presence, earning it the moniker “show me your papers” law.
SB 1070 also criminalized the failure of “unauthorized immigrants” to carry registration papers and other government identification, prohibited unauthorized individuals from seeking employment, and empowered police to arrest undocumented immigrants without a warrant if there was “probable cause” of a deportable offense.
Legal challenges swiftly followed, culminating in a Supreme Court ruling that upheld the “show me your papers” provision while invalidating the other three. Justice Anthony Kennedy, writing for the majority, reaffirmed the federal government’s supremacy over immigration policy, stressing that Arizona’s frustration with illegal immigration did not justify policies contradicting federal law.
According to Denise Gilman, a professor at the University of Texas School of Law, the parallels between Arizona’s SB 1070 and Texas’ SB 4 are significant. The Supreme Court’s rejection of Arizona’s attempt to criminalize immigration status underlines a crucial aspect that SB 4 shares.