U.S. Supreme Court Temporarily Halts Fifth's Circuit's SB-4 Order

On Monday, March 4, 2024, the U.S. Supreme Court delayed implementation of a Fifth Circuit order that would have allowed SB-4 to take effect on March 10, 2024. Prior to this, on February 29, 2024, U.S. District Court for the Western District of Texas, temporarily blocked the law from going into effect as the case is still being litigated. The District Court stated that immigration arrests and deportations are federal responsibilities and rejected Texas' argument that the state is facing an "invasion" by migrants.

Subsequently, Texas filed an appeal with the Court of Appeals for the Fifth Circuit. The Fifth Circuit then granted an administrative stay that suspended the District Court’s decision to block S.B. 4 from going into effect while the case is still being litigated. The effect of the Appeal Court’s decision was that SB-4 would then go into effect on March 10, 2024.

However, on March 4, 2024, the Supreme Court issued its own stay of the Fifth Circuit’s decision as the court deliberates. The stay will prevent SB-4 from going into effect until March 13 at 5 p.m. EDT/ 4 p.m. CDT at the earliest.

Texas has until March 11, 2024, to submit arguments before the Supreme Court, and the Court will then decide if SB4 can go into effect during litigation.

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