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March 19, 2024court rulingimmigrationconstitutional lawfederalismimmigrationconstitutional lawemergency stays

Texas SB 4, which makes illegal border crossing a state crime, takes effect for eight hours before a federal court blocks it again

In a chaotic 24-hour sequence on March 18 to 19, 2024, Texas SB4 went into effect for roughly eight hours before federal courts blocked it again. The Supreme Court issued an unsigned 6-3 order at 4:00 PM CST on March 18 allowing Texas to enforce SB4 after an administrative stay issued by Justice Samuel Alito expired. Hours later, a Fifth Circuit three-judge panel issued a 2-1 order dissolving its own administrative stay and restoring Judge Ezra preliminary injunction. Justice Amy Coney Barrett wrote separately that the Supreme Court order was not a ruling on the merits and that the Fifth Circuit had not yet entered a formal stay pending appeal. The rapid back-and-forth left Texas law enforcement in confusion and prompted the Fifth Circuit to schedule immediate oral argument.