SB 4 allows Texas authorities to arrest suspected illegal migrants, who could face deportation or jail time, amid a battle with the Biden administration
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Texas lawmakers on Tuesday praised the Supreme Court for backing the enforcement of a law that allows local and state authorities to arrest suspected illegal immigrants.
The 6-3 ruling paves the way for Texas to enforce its controversial law, SB 4, which the Biden administration argued was an intrusion into federal immigration enforcement, while it remains pending in a federal appeals court.
The statute was passed by Texas lawmakers last year and signed by Gov. Greg Abbott, who is embroiled in other legal battles with the federal government over his state's efforts to curb the flow of migrants into the state.
The measure makes illegal immigration a state crime, and enables state and local authorities to arrest illegal immigrants, who could face deportation or jail time.
Groups of migrants of different nationalities arrive at the Rio Grande, to cross it and surrender to the American authorities. The U.S. Supreme Court is allowing Texas to enforce a law that will let authorities arrest illegal immigrants. (Christian Torres/Anadolu via Getty Images)
Despite the legal entanglements and future hearings on the matter, Abbott said the ruling was a "clearly a positive development."
Texas Attorney General Ken Paxton said it was a "HUGE WIN."
"Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court," he wrote on X. "Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court."
Fox News Digital has reached out to the offices of Sens. Ted Cruz and John Coryn.
U.S. Rep. Jodey Arrington, R-Texas, said the federal government has failed in its duty to defend the southern border and that Texas is well within its right to enforce the law.
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Texas National Guard soldiers wait near a boat ramp where law enforcement enter the Rio Grande at Shelby Park, Jan. 26, in Eagle Pass, Texas. (Michael Gonzalez/Getty Images)
"It is clear to any honest and objective person living in this country that President Biden has willfully disregarded the laws of the land, abdicated his constitutional duty to provide for a common defense, and unilaterally surrendered control of our border to terrorist drug cartels," Arrington said in a statement. "I applaud the Supreme Court for allowing Texas to do what President Biden won’t — stop the chaos, secure the border, and protect Texans and Americans."
The SCOTUS ruling is a "HUGE win for the great state of Texas and border security!" said U.S. Rep. Troy Nehls, a Texas Republican. Similarly, the House Judiciary Committee said it was a "Big win for law and order!"
Despite SB 4 being a Texas law, New Mexico state Rep. John Block, a Republican, raised concerns about his state's ability to curb the flow of migrants.
"Without states like New Mexico joining Texas in apprehending illegal border crossers, our state’s remaining 50-plus miles of open border will become ground zero for criminal trespass into the country," Block said in a statement to Fox News Digital. "New Mexico will be crippled beyond compare with the next wave of criminal entry if we do not act now."
He called on Gov. Michelle Lujan Grisham, a Democrat, to order a state of emergency and direct the New Mexico National Guard to send personnel to assist border agents and direct the New Mexico State Police to immediately begin arresting suspected illegal border crossers.
Texas Gov. Greg Abbott shakes hands with members of the Texas National Guard as they prepare to deploy to the Texas-Mexico border in Austin. (AP Photo/Eric Gay)
"Every community in our country has now become a border community due to the Biden administration, and we must finally do what is required to keep our citizens safe," he said.
On Tuesday, the White House called SB 4 unconstitutional, saying it was "just another example of Republican officials politicizing the border while blocking real solutions." White House Press Secretary Karine Jean-Pierre said the measure ultimately harms communities and is a public safety risk.
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"We remained focused on delivering the significant policy changes and resources we need to secure the border — that is why we continue to call on Congressional Republicans to pass the bipartisan border security agreement, the toughest and fairest set of border reforms in decades," she said.
Louis Casiano is a reporter for Fox News Digital. Story tips can be sent to
