5th Circuit panel to decide whether to keep in place a lower court’s block of Senate Bill 4, which makes illegally entering Texas a state crime.
A federal appeals court heard arguments Wednesday from Texas and the federal government about whether it should continue blocking a new Texas law that would let state police arrest migrants suspected of entering the U.S. illegally. The three-judge panel from the 5th U.S. Circuit Court of Appeals in New Orleans now has to rule on the appeal of a lower court’s injunction that stopped Senate Bill 4 from going into effect.
The law also requires state judges to order migrants returned to Mexico if they are convicted. A judge could drop the charges if a migrant agrees to return to Mexico voluntarily. Nielsen said Wednesday that under the law, Texas “doesn’t deport anybody.” He said police would take migrants to a port of entry, which are controlled by the federal government. “Texas takes them to a port of entry and the United States then decides what to do,” Nielsen said.
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