MCALLEN, Texas — The Supreme Court ruled Tuesday that it will allow Texas to enforce for now a contentious new law that gives local police the power to arrest migrants.
The conservative-majority court, with three liberal justices dissenting, rejected an emergency request by the Biden administration, which said states have no authority to legislate on immigration, an issue the federal government has sole authority over.
That means the law can go into effect while litigation continues in lower courts. It could still be blocked at a later date.
"The court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos," liberal Justice Sonia Sotomayor wrote in a dissenting opinion. Justices Elena Kagan and Ketanji Brown Jackson also objected to the decision.
The majority did not explain its reasoning, but one of the conservative justices, Amy Coney Barrett, wrote separately to note that an appeals court has yet to weigh in on the issue.
"If a decision does not issue soon, the applicants may return to this court," she wrote. Her opinion was joined by fellow conservative Justice Brett Kavanaugh. The court has a 6-3 conservative majority.
The law in question, known as SB4, allows police to arrest migrants who illegally cross the border from Mexico and imposes criminal penalties. It would also empower state judges to order people to be deported to Mexico.
The dispute is the latest clash between the Biden administration and Texas over immigration enforcement on the U.S.-Mexico border.
In a separate opinion, Kagan wrote that the Texas law appears to conflict with federal law, noting that "the subject of immigration generally, and the entry and removal of noncitizens particularly, are matters long thought the special province of the federal government."
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 that it could go into effect March 10 if the Supreme Court declined to intervene. The appeals court has not yet decided whether to grant the federal government's request to block the law.
On March 4, Justice Samuel Alito issued a temporary freeze on the law to give the Supreme Court time to consider the federal government’s request.
