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Texas Observer
Texas Observer
Gus Bova

Federal Judge Halts Texas Deportation Law

March 1 Update: On Thursday, federal judge David Ezra blocked Texas from enforcing its state deportations law, Senate Bill 4, which was set to take effect March 5. In his ruling, Ezra stated that both the U.S. Constitution and Supreme Court precedent “affirm that states may not exercise immigration enforcement power except as authorized by the federal government.” He also stated, referencing a dangerous and misleading argument made by the State of Texas: “Surges in immigration do not constitute an ‘invasion’ within the meaning of the Constitution, nor is Texas engaging in war by enforcing SB 4.” (Read the full ruling here and see here for a fuller exploration of the legal history.)

The state swiftly filed a notice of appeal to the U.S. Fifth Circuit Court of Appeals. In a statement, Governor Greg Abbott said: “Texas will immediately appeal this decision, and we will not back down. … Even from the bench, this District Judge acknowledged that this case will ultimately be decided by the U.S. Supreme Court.”

Original February 15 Story: In a packed federal courtroom in downtown Austin Thursday morning, attorneys for the United States government squared off with attorneys for the State of Texas over the fate of the latter’s Senate Bill 4, an unprecedented anti-immigrant law creating a state deportation scheme, which is set to take effect March 5 unless the court halts it.

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