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March 20 (UPI) -- A federal appeals court late Tuesday blocked a Texas law permitting state police to arrest migrants suspected of illegally entering the country mere hours after the Supreme Court allowed the legislation to take effect amid litigation. The block late Tuesday was issued by the U.S. Court of Appeals for the Fifth Circuit, further drawing out protracted litigation over Texas Senate Bill 4.
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Texas Gov. Greg Abbott signed S.B. 4 into law late last year, making it a criminal offense to illegally cross in to Texas via the Texas-Mexico border, punishable with jail time. Those convicted face deportation back to Mexico.
The law was met with litigation from civil and human rights organizations on the grounds that it would lead to racial profiling, family separations and the harming of migrant communities. In January, the Biden administration filed its own lawsuit, accusing the law of usurping immigration control from the federal government.
In February, a lower court blocked S.B. 4 from going into effect amid litigation on the grounds it threatens the federal government's regulation of immigration. But the Fifth Circuit in early March issued a stay on that ruling.
Earlier Tuesday, a divided Supreme Court ruled against the Biden administration, which sought to remove the Fifth Circuit's pause, leaving the stay on the February ruling in place, which allowed S.B. 4 to go into effect.
However, late Tuesday, the Fifth Circuit, responding to an application for the civil rights groups, dissolved its own administrative stay, putting the February block back in place as litigation continues.
Oral arguments have been scheduled for Wednesday.
The three-judge panel voted 2-1 in favor of the dissolution, with Circuit Judge Andrew Oldham writing in dissent, "I would leave that stay in place pending tomorrow's oral argument on the question."
The ruling from the Supreme Court prompted swift condemnation from Mexico, which said that it will not accept any deportations from Texas and that it was filing a friend-of-the-court brief with the appeals court to support the quashing of the law.
Mexico said it would provide the court with information on S.B. 4's affects on the Mexican-American community and on the Mexico-U.S. relationship.
Litigation over the law comes amid Texas Gov. Gregg Abbott's fight over immigration with the Biden administration.
The Republican governor has employed a series of controversial moves in retaliation over President Joe Biden's immigration policies, most notably Abbott's bussing of migrants to Democratic cities.
He has defended S.B. 4 by arguing that Texas has a right to defend itself from "Biden's ongoing failure to fulfill his duty to protect our state form the invasion at our southern border."
Meanwhile, the White House has accused Abbott of using migrants as pawns in order to score political points.
"S.B. 4 will not only make communities in Texas less safe, it will also burden law enforcement and sow chaos and confusion at our southern border," White House press secretary Karine Jean-Pierre said in a statement following Tuesday's decision from the Supreme Court.
"S.B. 4 is just another example of Republican officials politicizing the border while blocking real solutions."
