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Jodey Arrington
In a battle of the courts, the U.S. Supreme Court temporarily halted Texas Senate Bill 4 from going into effect, reversing a 5th U.S. Circuit Court of Appeals ruling on March 2.
Governor Greg Abbott signed SB 4 in December, marking an attempt to curb people crossing the Rio Grande after several years of record numbers of illegal migrants entering the country.
SB 4, if allowed, would make illegally crossing the border a Class B misdemeanor, carrying a penalty of up to six months in jail, with repeat offenders facing a second-degree felony with a punishment of two to 20 years in prison.
The law would also require state judges to order illegal migrants returned to Mexico if they are convicted, with local law enforcement responsible for transportation to the border. The charges could be dropped if the individual agrees to return voluntarily.
The new law would have been in effect on March 9 until a stay was granted until March 13.
In response to the 5th Circuit Court ruling, Rep. Jodey Arrington, who has introduced H. Res 50 to affirm that Texas and every other state has the sovereign, constitutional right of self-defense, said it is critical to provide legislative clarity to the SCOTUS on the ruling on SB 4.
“While I applaud the 5th Circuit Court of Appeals for siding with Texas and the Constitution, this fight is far from over,” said Arrington. “Biden will appeal this ruling to the Supreme Court because his goal remains unchanged: to actively obstruct Texas’ efforts to do what the federal government won’t - secure the border.”
H.Res 50, which has garnered support from lawmakers in more than half of the 50 states, references Article 4 Section 4, which states the federal government is to protect each of the states against invasion, and Article 1 Section 10, giving the states the sovereign power to repel invasion and defend their citizenry from imminent danger that will not permit delay.
The Supreme Court issued the temporary stay within hours of the 5t Circuit Court of Appeals ruling while the high court considers if it will allow the state to move forward with SB4 allowing police to enforce the law and arrest people suspected of crossing the Texas-Mexico border illegally.