A U.S. appeals court has upheld a hold on a Texas law, known as S.B. 4, which allows state authorities to arrest and prosecute individuals suspected of illegally crossing the U.S.-Mexico border.
The law, a Republican-backed initiative, is at the center of a legal battle between Texas and the Biden administration over immigration and border security.
The New Orleans-based 5th U.S. Circuit Court of Appeals, in a 2-1 ruling, rejected Texas's request to enforce the law while the state appeals a judge's ruling that blocked its implementation.
The law, if enacted, would make illegal entry or re-entry into Texas a state crime, with the possibility of state judges ordering violators to leave the United States, carrying potential prison sentences of up to 20 years for non-compliance.
This decision follows a series of legal actions regarding the law's status. Last week, the Supreme Court allowed it to take effect, but the 5th Circuit panel swiftly reinstated a lower court's injunction against enforcement.
The panel is set to hear arguments on the state's appeal on April 3.
The Biden administration has opposed the law, arguing that it infringes on federal authority over immigration enforcement.
The administration contends that immigration is solely under federal jurisdiction and that the Texas law would disrupt the enforcement of complex federal immigration laws governing deportation, asylum, and legal status applications.
Governor Greg Abbott of Texas, a vocal critic of Biden's immigration policies, signed the law in December, citing the need to address a rise in illegal entries.
Texas officials have blamed the Biden administration for increased illegal border crossings, which they say strain state resources and pose public safety risks.
Critics of the law, including the Biden administration, argue that existing federal laws already allow for the prosecution of migrants for illegal entry or re-entry.
They also raise concerns that the law could lead to racial profiling by state authorities.
The legal dispute over the Texas law is part of a broader conflict between Republican-led states and the Biden administration over border security measures.
Iowa recently passed a similar law, awaiting the governor's signature, and several other states are considering legislation to allow arrests of individuals suspected of being in the U.S. illegally.