In the latest legal development, it looks like Texas is going to have to get the Supreme Court's permission to start enforcing an immigration law that some love but others hate.
To be clear, this has nothing to do with the constitutionality of the law but only applies to a lower court injunction.
Overnight, the 5th US Circuit Court of Appeal in New Orleans denied the state's motion to stay the injunction that currently prevents the state from enforcing the law.
Last year, the Texas legislature passed a bill giving local and state law enforcement the authority, but not the requirement, to arrest someone suspected of being in the country illegally. And it also gives Texas judges the authority to deport them.
The law was immediately challenged by immigration advocates and the Biden administration.
Just a week before the law was due to go into effect, a federal judge in Texas granted their request for an injunction and blocked Texas from enforcing the law. Texas then appealed, but the 5th Circuit blocked that.
Then the US Supreme Court ruled Texas could begin enforcing the law while it was going through appeals. But the 5th Circuit nixed that and immediately scheduled hearings on the fate of the federal judge's injunction - and that's the decision that was announced overnight.
So the latest development is that the 5th Circuit has ruled that the injunction will remain in force until the Texas appeal goes to the US Supreme Court.
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