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Texas' controversial immigration law remains on hold, shelved by 3-judge panel

Shelved by 3-judge panel, Texas' controversial immigration law remains on hold
Shelved by 3-judge panel, Texas' controversial immigration law remains on hold 01:50

Texas' controversial immigration law known as SB4 will remain on hold from being enforced after a hearing over its constitutionality was held at the 5th Circuit Court of Appeals in New Orleans on Wednesday.

A three-judge panel heard arguments from both sides and concluded the hearing without making any new decision on SB4 and instead shelving it once again.

SB4 would allow local and state officials in Texas to arrest and deport migrants they believe crossed into the U.S. illegally.

Texas is arguing SB4 mirrors current federal immigration policy and they are just complimenting it by enforcing it at the state and local levels.

ACLU lawyers and opponents of the law say it is unconstitutional and it is not the business of state or local government to enforce federal immigration policies.

ACLU Texas Attorney Cody Wolfsy argued before the 5th Circuit on Wednesday against SB4 saying, "There is no dispute that this is going to be broadly enforced. Eighty-thousand arrests a year. No one has disputed that. This is going to be a massive new system if it's allowed to go into effect."

Fernando Garcia, the Executive Director for the Border Network of Human Rights was one of dozens of Texans who drove from El Paso to New Orleans to demonstrate outside the court on Wednesday and voice their opposition to SB4.

Garcia said he hopes when it's all set and done that the judges in the 5th Circuit Court of Appeals will make their decision based on legal precedence.

Garcia added, "That the [judges] would not allow a state to start usurping federal powers and enforce immigration laws which is not their responsibility."

Mexico said they will not receive any deportees from the U.S. who were deported based on SB4, adding even more challenges to the logistics of enforcing such a law.

Legal experts expect the case will ultimately end up back in the hands of the Supreme Court of the United States where the nation's highest court will make a final decision on whether Texas' SB4 will be enforced or not.

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