A federal appeals court on Tuesday night refused to lift the court order that prevents Texas from arresting and deporting immigrants suspected of illegally crossing the border.
The ruling thus keeps in suspension the state law SB4, promoted by the governor, Republican Greg Abbott, and which came into effect on March 19 by a procedural order from the Supreme Court but was blocked shortly after again by the court of appeals .
Following the Supreme Court ruling that gave the law a temporary green light, immigration lawyers interviewed by Noticias Telemundo criticized the measure and highlighted its dangerous legal implications.
The Government of Democrat Joe Biden is trying to block the law in court, considering that it violates federal authority on immigration matters, harms international relations (Mexico has spoken out categorically against) and complicates applying the law on the border.
Texas argues that it has the right to act in the face of what Abbott has described as an “invasion” of migrants.
A federal judge in Texas blocked the law in late February, but the Fifth Circuit Court of Appeals quickly stayed that decision, prompting the federal government to file an appeal with the Supreme Court.
He ended up unblocking the law, but sent the case back to the appeals court, which blocked it again until a decision was made.
The law allows any Texas officer to detain people suspected of entering the country without documents.
In order to do so, officers must have probable cause, which may include witnessing a break-in or seeing it on video.
However, SB4 cannot apply to people who are legally in the United States, including those who have obtained asylum or are enrolled in the Deferred Action for Childhood Arrivals (DACA) program.
Agents can make arrests anywhere in Texas, with some exceptions.
However, Republican state Rep. David Spiller, who introduced the bill in the state House, believes the vast majority of arrests will occur within 50 miles of the state border. United and Mexico.
Among the places where arrests cannot be carried out are public and private schools, as well as churches, synagogues or other established places of worship.
They also cannot take place in hospitals and other healthcare facilities, including those where sexual assault forensic examinations are carried out.
The law allows state justice to order the expulsion of people without judicial process.
Texas officials will have the discretion to deport detainees.
Once apprehended, immigrants may choose to accept a state judge's order to leave the United States or be prosecuted for a misdemeanor charge of illegal entry.
Those who do not leave US territory run the risk of being arrested again and being prosecuted for more serious crimes due to repeat offenses.
The law states that those ordered to leave the country will be sent to ports of entry along the border with Mexico, regardless of whether or not they are Mexican citizens.
However, the Mexican Government of Andrés Manuel López Obrador has already said that it will not accept these migrants back to their country.
Previously, helping to cross or transport an undocumented immigrant was punishable by up to two years in prison.
With SB4 this penalty is increased to 10 years behind bars and the payment of a maximum fine of $10,000.
If a detained person is a repeat offender, the penalty could reach up to two decades in prison.
For those who are prosecuted and convicted of operating a house to hide undocumented immigrants, the sentences will have a minimum of five years.
But the penalties will be increased to their maximum if the crimes occur in regions declared disaster zones.
The measure also expands sentences for other crimes committed during immigrant smuggling.
The law provides that those arrested who collaborate with justice in an investigation related to illegal immigration may benefit from having their sentence reduced by half.