Biden administration asks Supreme Court to block new Texas immigration enforcement law

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WASHINGTON — The Biden management connected Monday urged nan Supreme Court to artifact a caller Texas migration law, arguing states person nary authority to legislate connected an rumor nan national authorities has sole authority over.

The rule successful question, known arsenic SB4, allows constabulary to apprehension migrants who illegally transverse nan separator from Mexico and imposes criminal penalties.

The conflict is nan latest conflict betwixt nan Biden management and Texas complete migration enforcement connected nan U.S.-Mexico border.

A national judge blocked nan rule aft nan Biden management sued, but nan New Orleans-based 5th U.S. Circuit successful a little bid said it could spell into effect connected March 10 if nan Supreme Court declines to intervene.

In Monday's filing, Solicitor General Elizabeth Prelogar said nan Texas rule is "flatly inconsistent" pinch Supreme Court precedent making love backmost 100 years.

"Those decisions admit that nan authority to admit and region noncitizens is simply a halfway work of nan nationalist government, and that wherever Congress has enacted a rule addressing those issues, authorities rule is preempted," she wrote.

The appeals court, Prelogar added, did not explicate its reasoning for allowing nan rule to spell into effect.

She dismissed Texas statement that its rule tin beryllium defended connected nan ground that nan authorities is efficaciously battling an penetration astatine nan separator nether nan State War Clause of nan Constitution.

"A surge of unauthorized migration plainly is not an penetration wrong nan meaning of nan State War Clause," Prelogar wrote.

Lawrence Hurley

Lawrence Hurley covers nan Supreme Court for NBC News.