State Immigration Law Again On Hold

C APITAL Highlights 

The on-again, off-again state immigration law is once more on hold while the 5th Circuit Court of Appeals considers its constitutionality. Senate Bill 4 would allow state and local law enforcement officials to arrest and deport people suspected of entering the state illegally from Mexico, the Austin American-Statesman reported. The U.S. Supreme Court last Tuesday removed a temporary hold on the law, which allowed it to take effect for several hours before the 5th Circuit court again stopped SB4 from being enforced while it considers its constitutionality.

At issue is whether the law usurps federal power to enforce border laws. A threejudge panel from the appeals court held a hearing last week but made no ruling.

“SB 4 is a modest, but important statute. It’s modest because it mirrors federal law,” Texas Solicitor General Aaron Nielson told the judges during Wednesday’s hearing. “It’s important because it helps to address what even the president has called a border crisis.”

While many law enforcement officials support SB4, major questions persist about how it will be enforced if found constitutional, the Texas Tribune noted.

“There’s so much that we don’t really know what it’s even going to look like. We don’t have precedent for a state doing this. It kind of changes the game,” said Jamie Longazel, a political science professor at John Jay College of Criminal Justice. “Migration is about someone coming from one country into another and so two national governments deal with the question. Now you’re having Texas and Mexico deal with this, potentially.”

Phelan Ally Announces Run for House Speaker A former ally of House Speaker Dade Phelan announced last Thursday that he will run to replace him when lawmakers return to Austin in January for the 2025 legislative session, The Dallas Morning News reported.

“At this point, leadership change is required in the Texas House,” state Rep. Tom Oliverson, R-Cypress, said in a news conference. “The status quo is too dysfunctional to continue, and the change from top to bottom is needed.”

Phelan is locked in a tough runoff battle with David Covey, an oil-and-gas consultant backed by Attorney General Ken Paxton and former President Donald Trump. He was targeted by state Republicans’ far-right faction after last year’s vote to impeach Paxton, and for continuing the tradition of appointing Democrats to chair some House committees.