In a 2-1 vote, the 5th U.S. Circuit Court of Appeals said the law cannot go into effect while litigation continues.
"For nearly 150 years, the Supreme Court has held that the power to control immigration — the entry, admission, and removal of noncitizens—is exclusively a federal power," wrote Judge Priscilla Richman.
Despite Texas’s criticisms about the federal government’s “actions and inactions” on the border, it is the president’s job to determine “whether, and if so, how to pursue noncitizens illegally present in the United States,” Richman added, reports NBC.
Lawyers for the state could seek emergency action by the Supreme Court. Or they could let the decision stand and wait for arguments, set for April 3, over the substance of the law and whether the injunction was appropriately ordered.


