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Federal judge blocks Texas’ immigration enforcement law SB 4: Here’s what’s next

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Federal judge blocks Texas’ immigration enforcement law SB 4: Here’s what’s next


Texas cannot enforce a new set of immigration laws the state Legislature passed last year after a federal judge’s ruling Thursday.

Judge David Ezra of the U.S. District Court for the Western District of Texas decided to enjoin Senate Bill 4 from going into effect next week. He agreed with constitutional concerns raised by federal prosecutors at a hearing earlier this month that immigration enforcement is well beyond the purview of state governments.

“Several factors warrant an injunction,” Ezra wrote in his ruling to enjoin SB 4. “First, the Supremacy Clause and Supreme Court precedent affirm that states may not exercise immigration enforcement power except as authorized by the federal government.”

Ezra similarly indicated further concerns over conflicting provisions between SB 4 and federal immigration law, which would be “to the detriment of the United States’ foreign relations and treaty obligations.”

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Texas’ lawyers filed an immediate appeal to the U.S. Court of Appeals for the Fifth Circuit shortly after Ezra’s ruling.

What is Texas Senate Bill 4?

SB 4 increased penalties for anyone suspected of crossing the U.S-Mexico border in Texas outside of a legal international port of entry.

The legislation allows state law enforcement officers to arrest, detain and deport individuals suspected of crossing the border illegally. It also mirrors the federal law that makes illegal entry at the U.S. border a misdemeanor and illegal re-entry a felony.

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The bill would require people accused of illegally crossing the state’s southern border to either accept a magistrate judge’s deportation order or face a second-degree felony charge for noncompliance. The Legislature passed the bill in November during a special session and it was set to go into effect on March 5.

Judge rejects claims immigration surges are an invasion

Striking against the heart of Texas’ argument laid out Feb. 15, Ezra found that an influx of migrants and immigration surges do not invoke the meaning of an “invasion”, and Texas would not be engaging in its limited war powers by enforcing SB 4.

Additional issues with the law could frustrate the asylum processes and allow for the incarceration of noncitizens before their possible removal, making it substantially harder for those noncitizens to apply for asylum after entering the country, Ezra wrote.

Federal prosecutors filed their lawsuit against the state in January and joined previous suits filed late last year challenging SB 4 by the ACLU, ACLU of Texas, Las Americas Immigrant Advocacy Center, American Gateways, the Texas Civil Rights Project and the County of El Paso.

“El Paso County applauds the court’s clear confirmation today that immigration policies rest solely under Federal jurisdiction, and the state of Texas’ interference with the U.S. Constitution will not be tolerated,” said El Paso County Commissioner Iliana Holguin in a statement after the ruling. “A piecemeal approach from individual states on federal matters such as immigration enforcement would put an undue burden on local taxpayers, while opening the door to potential civil rights violations for border residents and immigrants alike.” 

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Greg Abbott says Texas will appeal ruling

Gov. Greg Abbott vowed to continue fighting to enact SB 4, adding that an immediate appeal is necessary in response to the Biden Administration’s border policies. He emphasized the need for Republicans to keep pushing the border conversation ahead of the March 5 primary election.

“Texas will immediately appeal this decision, and we will not back down in our fight to protect our state—and our nation—from President Biden’s border crisis,” Abbott said in a statement. “Texas has the right to defend itself because of President Biden’s ongoing failure to fulfill his duty to protect our state from the invasion at our southern border.”

Abbott mentioned Ezra’s acknowledgment that the case will “ultimately be decided by the U.S. Supreme Court.”

Bipartisan vote: House passes short-term deal to avert devastating partial government shutdown

Joe Biden, Donald Trump both visit Texas-Mexico border

President Joe Biden and former president Donald Trump are both visiting the Texas-Mexico border Thursday.

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For the second time during his presidency, Biden is visiting the state to address border security and criticize Republicans derailing a border bill this month. During his trip in Brownsville, Biden was expected to speak with federal immigration agents, law enforcement officials and local government regarding his push for Congress to quickly pass border security legislation.

Meanwhile 325 miles northwest, the GOP frontrunner was scheduled to visit Eagle Pass, where a standoff between the federal government and the states has occurred over border security. Abbott joined Trump to provide an update on the state’s unprecedented response to “President Biden’s border crisis,” he said on X (formerly Twitter).

The dueling visits come as a Pew Research Center poll released this week shows that 80% of Americans believe immigration has become the most crucial issue in the nation, for the first time since the last decade.

Contributing: Lauren Villagran





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Texas

Small plane makes belly landing in Texas after landing gear fails

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Small plane makes belly landing in Texas after landing gear fails


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The pilot of a small plane asked an airport in Arlington, Texas, to spray foam on the runway to make the touchdown a little smoother because their landing gear was not working. The plane skidded to a halt with no issues, and all three people onboard walked away without injury.



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Jace LaViolette injury update: Texas A&M baseball star leaves SEC tournament with hand injury

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Jace LaViolette injury update: Texas A&M baseball star leaves SEC tournament with hand injury


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(This story was updated with new information)

As Texas A&M baseball continues to fight for its NCAA Tournament hopes, the Aggies have lost a key member of their team.

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In the top of the fifth inning of Thursday’s SEC baseball tournament game vs. No. 10 Auburn, Aggies star outfielder Jace LaViolette exited the game with an apparent hand injury after taking a pitch off his hand from Tigers’ left-hander pitcher Carson Myers.

After Thursday’s win vs. Auburn, Texas A&M manager Michael Earley told the SEC Network that LaViolette will miss the remainder of the conference tournament, confirming an earlier suspicion once LaViolette returned to the Aggies’ dugout in the seventh inning wrapped up in a split.

LaViolette is one of the more recognizable names in the Aggies’ offense, and entered Thursday’s game with a .259 batting average and 18 home runs. He is ranked as the No. 7 prospect in this year’s upcoming MLB draft by MLB Pipeline.

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Texas A&M staved off a solo ninth-inning home run to beat Auburn 3-2 at Hoover Met Stadium in Hoover, Alabama. The Aggies’ win advanced them to Friday’s quarterfinals vs. No. 3 seed LSU, the No. 1 nationally ranked team in the country.

Here’s the latest on Laviolette’s injury:

LaViolette left Texas A&M’s second-round game vs. Auburn on Thursday with an apparent hand injury. The SEC Network Broadcast showed LaViolette attempting to swing at a pitch before the ball came in on him and hit him off his knuckles and the knob of the bat.

After initially taking a pitch to his hand during an at-bat, LaViolette trotted down to first base while showing signs of pain. The SEC Network broadcast then showed LaViolette signaling to the Aggies’ dugout that he couldn’t stay in the game.

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He was replaced at first by pinch runner Jamal George, who would then enter the game in LaViolette’s place in the lineup the next half inning. After a lengthy time away from the dugout for X-rays, LaViolette was shown on the SEC Network broadcast returning to the dugout in the seventh inning with his left hand all wrapped up with a splint.

ESPN’s Kris Budden reported earlier on the SEC Network’s broadcast that LaViolette left the Aggies’ dugout for further testing after initially entering and going to sit on the bench once he came off the field.

“There is an X-Ray machine onsite so he does not have to leave and go to the hospital to have it checked out. He has not come back here in the dugout,” Budden reported. “When that happened, this place was so silent that from across the field that I could hear Jace screaming out in pain.”

Michael Earley on Jace LaViolette’s injury

After Texas A&M’s 3-2 win against Auburn on Thursday, Aggies manager Michael Earley told the SEC Network that LaViolette will miss the remainder of the conference tournament.

“I’m not sure if I can say but he will be out for the remainder of the tournament,” Earley said.

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What is Jace LaViolette’s injury?

While it has not been confirmed by Texas A&M, it appears that LaViolette sustained a hand injury in Thursday’s SEC tournament game.



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Texas legislation: Wednesday sees progress on school funding, THC ban discussions

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Texas legislation: Wednesday sees progress on school funding, THC ban discussions


Texas lawmakers made progress on several bills Wednesday, including one regarding public school funding.

More discussion remains before those bills are passed. As the end of the legislative session approaches, Texas lawmakers are working to get multiple key pieces of legislation passed. 

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House Bill 2: Public School Funding

On Wednesday, it was announced that a tentative deal was struck regarding HB 2, known as the public school funding bill.

The compromise between the House and Senate includes the Senate’s proposed $55 per student increase to the basic allotment, compared to the House’s original allotment of $350.

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The compromise also decreases the House’s original plan to increase teacher pay from $4.4 billion to $4.2 billion.

However, it adds $500,000 for fixed costs, bringing the total amount to $8.5 billion. 

Some of the issues were first raised during a hearing over the Senate’s plan last week, when some district leaders suggested a higher per-student allotment, giving schools more flexibility.

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The bill is expected to be taken up on the Senate floor Thursday. 

What they’re saying:

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West Hardin CISD Superintendent Donald Heseman spoke on the bill.

“If you picture every ISD as a boat, I think Barbers Hill might be a cruise ship and we are a johnboat. Paint Creek might be a kayak, but we all have leaks. We all have leaks. In doing the basic allotment, we can fill those holes as needed. 

Senate Bill 3: THC Ban

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In reaching this compromise, it opened the door for discussion on the Senate’s tougher THC bill, SB 3, which equates to a total ban on THC products. 

This bill is a priority of Lt. Gov. Dan Patrick, who claims that CBD stores and vape shops are selling higher concentrations of THC than the legal consumable limit. 

After the chambers brokered a deal earlier in the day, the House took up the bill Wednesday night. At the time of reporting, the bill was still being actively discussed.

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What they’re saying:

“I want people to have access to medications to help them when they have medical conditions, that those medications can be a benefit,” said Rep. Tom Oliverson (R-Cypress) “What we’re doing here is correcting a problem that we created in 2019 where we essentially created a pathway by which people could sell drugs.” 

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What’s next:

More is to come tomorrow, and the legislative session ends June 2. 

The Source: Information in this article came from coverage of a Texas Senate proceeding.

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AustinTexas Legislature



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