Supreme Court temporarily blocks new Texas immigration enforcement law

The dispute is the latest clash between the Biden administration and Texas over immigration enforcement on the U.S.-Mexico border.

A federal judge blocked the law after the Biden administration sued, but the New Orleans-based 5th U.S. Circuit Court of Appeals said in a brief order it could go into effect March 10 if the Supreme Court declines to intervene.

For Subscribers

FOR SUBSCRIBERSRecords reveal tumultuous marriage between killed New York Times executive and wife

FOR SUBSCRIBERSFrom clean energy warrior to ‘wall of shame,’ James Talarico reverses on a fossil fuel money pledge

FOR SUBSCRIBERSCongressional staff planned official trip with luxury stops in Italy and France weeks before election

FOR SUBSCRIBERSA harrowing ordeal aboard an Israel-bound plane

FOR SUBSCRIBERSOpenAI CEO Sam Altman to skip congressional hearing on rogue AI agents

FOR SUBSCRIBERSKey DOJ lawyers departed Trump ‘grand conspiracy’ probe amid pressure to produce, source says

FOR SUBSCRIBERSTrump’s new AI chatbot often links to a site launched under Clinton 26 years ago

FOR SUBSCRIBERSAt MAHA summit, industry CEOs the movement once vilified take the stage

FOR SUBSCRIBERSThis Paralympian has two goals: Win medals and give away $500,000 to her teammates

FOR SUBSCRIBERSCornell rape allegation spotlights stringent New York state laws that have long drawn criticism

FOR SUBSCRIBERSThe debate over AI’s future rages on both coasts

FOR SUBSCRIBERSDecades-old march dispute reignites in Northern Ireland, threatening political crisis

FOR SUBSCRIBERSMore oil is getting out of the Middle East. Why is it still so expensive?

FOR SUBSCRIBERSThe complicated bargain between ‘looksmaxxing’ influencer Clavicular and the women in his orbit

FOR SUBSCRIBERSSenators unveil bipartisan bill to deliver essential newborn supply kits to new moms

For Subscribers

FOR SUBSCRIBERSRecords reveal tumultuous marriage between killed New York Times executive and wife

FOR SUBSCRIBERSFrom clean energy warrior to ‘wall of shame,’ James Talarico reverses on a fossil fuel money pledge

FOR SUBSCRIBERSCongressional staff planned official trip with luxury stops in Italy and France weeks before election

FOR SUBSCRIBERSA harrowing ordeal aboard an Israel-bound plane

FOR SUBSCRIBERSOpenAI CEO Sam Altman to skip congressional hearing on rogue AI agents

FOR SUBSCRIBERSKey DOJ lawyers departed Trump ‘grand conspiracy’ probe amid pressure to produce, source says

FOR SUBSCRIBERSTrump’s new AI chatbot often links to a site launched under Clinton 26 years ago

FOR SUBSCRIBERSAt MAHA summit, industry CEOs the movement once vilified take the stage

FOR SUBSCRIBERSThis Paralympian has two goals: Win medals and give away $500,000 to her teammates

FOR SUBSCRIBERSCornell rape allegation spotlights stringent New York state laws that have long drawn criticism

FOR SUBSCRIBERSThe debate over AI’s future rages on both coasts

FOR SUBSCRIBERSDecades-old march dispute reignites in Northern Ireland, threatening political crisis

FOR SUBSCRIBERSMore oil is getting out of the Middle East. Why is it still so expensive?

FOR SUBSCRIBERSThe complicated bargain between ‘looksmaxxing’ influencer Clavicular and the women in his orbit

FOR SUBSCRIBERSSenators unveil bipartisan bill to deliver essential newborn supply kits to new moms

In Monday's emergency filing, Solicitor General Elizabeth Prelogar said the Texas law is "flatly inconsistent" with Supreme Court precedent dating back 100 years.

"Those decisions recognize that the authority to admit and remove noncitizens is a core responsibility of the national government, and that where Congress has enacted a law addressing those issues, state law is preempted," she wrote.

The appeals court, Prelogar added, did not explain its reasoning for allowing the law to go into effect.

She dismissed Texas' argument that its law can be defended on the basis that the state is effectively battling an invasion at the border under the State War Clause of the Constitution.

"A surge of unauthorized immigration plainly is not an invasion within the meaning of the State War Clause," Prelogar wrote.

The city of El Paso and two immigrant rights groups, Las Americas Immigrant Advocacy Center and American Gateways, have also challenged the law and had filed their own emergency request at the Supreme Court.