Debate over SB4's legality plays out in lower Court of Appeals
The controversial Texas immigration law known as SB4 is once more on hold from being enforced after the Supreme Court gave it a go-ahead.
The debate over its legality is playing out in a lower Court of Appeals.
The Supreme Court allowed SB4 to be enforced for a few hours on Tuesday before the 5th Circuit Court of Appeals out of New Orleans put another freeze on it while arguments started again in their court on Wednesday.
"Texas has decided that we are at the epicenter of this crisis, we are on the frontline and we are going to do something about it," said Aaron Nielson, the Texas Solicitor General.
"This is the first time, it seems to me, that a state has claimed that they have the right to remove illegal aliens," Priscilla Richman, the Chief Judge for the 5th Circuit Court of Appeals said.
Under SB4, state and local police in Texas would be allowed to arrest and charge people suspected of entering the country illegally.
Additionally, it would give judges the power to deport or jail them, all duties traditionally handled by federal officials.
"These police officers that are supposed to implement SB4, they don't have a minute in training on how immigration laws work, and which documents work and don't work," said Fernando Garcia, the executive director of Border Network for Human Rights.
Garcia says Texas law enforcement isn't equipped to handle immigration enforcement and says those efforts could lead to racial profiling and violations of civil rights.
"For us, this is illegal and unconstitutional, and the basis of this law is essentially a racist discriminatory version of Texas," Garcia said.
Legal experts believe this fight will ultimately end up back in the hands of the Supreme Court.
Governor Abbott said he believes SB4 mirrors federal policy and Texas would just enforce what is already on the books.
Wednesday, 22 states filed an Amicus Brief at the Fifth Circuit supporting Texas.