A federal judge has blocked a Texas state law that allowed police to arrest foreign nationals who cross the U.S. Southern Border to enter the United States illegally.
On Thursday, U.S. District Judge David A. Ezra of the Western District of Texas blocked state officials from enforcing the new law.
The law would make illegal immigration a state crime.
Judge Ezra granted a preliminary injunction that will block Texas’s Senate Bill 4 from taking effect next week.
The law would allow state authorities to arrest and jail illegal aliens.
It would also give state judges the power to order deportations.
In his ruling, the judge wrote that Texas and other states “may not exercise immigration enforcement power except as authorized by the federal government.”
Texas can appeal the decision, however.
The injunction comes in response to a lawsuit by Immigration and civil rights groups against Texas.
The lawsuit was filed after Republican Gov. Gregg Abbott signed the law in December.
At the signing ceremony, Abbott said the goal of the legislation was to “stop the tidal wave of illegal entry into Texas.”
Under the law, a migrant in Texas custody could either agree to a judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry.
Migrants who fail to comply could face arrest again under more serious felony charges.
The law is a dramatic step by Texas to police immigration.
Abbott has repeatedly slammed Democrat President Joe Biden’s administration for not doing enough to address the border crisis.
Texas has bused more than 65,000 migrants to cities across America and installed razor wire along the banks of the Rio Grande.
Opponents have characterized the measure as the most drastic attempt by a state to crack down on immigrants since a 2010 Arizona law — which detractors called the “Show Me Your Papers” bill.
However, the Arizona bill was mostly struck down by the U.S. Supreme Court.
Thirty former U.S. immigration judges, who served under both Republican and Democratic administrations, signed a letter this month condemning the measure as unconstitutional.
Ezra is a Reagan appointee who previously served as Chief Judge for the United States District Court for the District of Hawaii.
The judge said the Texas law conflicts with the U.S. Constitution and federal immigration law, “to the detriment of the United States’ foreign relations and treaty obligations.”
The American Civil Liberties Union (ACLU), Department of Justice, and other groups sued Texas arguing the law is unconstitutional.
After Ezra’s decision came down, the ACLU said in a post on X:
“VICTORY: A federal court just BLOCKED Texas’ anti-immigrant law #SB4 from taking effect March 5.
“This is a win for Texas values, human rights, and the Constitution.”
Texas officials did not immediately release a statement on the judge’s decision.
