A procedural victory for Texas allowing the state to enforce its new border security law while the Biden administration’s battle against the measure continues to work its way through the courts was short-lived.

While the U.S. Supreme Court moved to allow the law to go into effect on Tuesday afternoon, hours later the Fifth Circuit Court of Appeals put the law on hold yet again.

Senate Bill 4, which was set to go into effect earlier this month, creates a state crime for entering the country illegally, paving the way for state law enforcement to arrest illegal aliens. 

After the federal government challenged the measure in a lawsuit, U.S. District Judge David Alan Ezra blocked the law from going into effect. It has since been sent to the Fifth Circuit Court of Appeals.

In the meantime, a procedural fight had taken place over whether the state could enforce the law awaiting final judgment in the case. 

In a 6-3 decision on Tuesday, the Supreme Court denied the Biden administration’s request to halt enforcement of the law, allowing Texas to begin enforcement immediately. 

At the time, Attorney General Ken Paxton called the decision a “huge win” for Texas.

“Texas has defeated the Biden Administration’s and ACLU’s emergency motions at the Supreme Court. Our immigration law, SB 4, is now in effect. As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court,” said Paxton.

That victory was short-lived, as late Tuesday night the Fifth Circuit Court of Appeals placed another stay on the law from being enforced.

A remote Zoom hearing is scheduled for 10am Wednesday morning by the Fifth Circuit.

Brandon Waltens

Brandon serves as the Senior Editor for Texas Scorecard. After managing successful campaigns for top conservative legislators and serving as a Chief of Staff in the Texas Capitol, Brandon moved outside the dome in order to shine a spotlight on conservative victories and establishment corruption in Austin. @bwaltens