Whiplash on the Southern Border as Supreme Court Rules for Texas, Then Appeals Court Defies It

Whiplash on the Southern Border. Just as Texas was about to start enforcing its own border law after the Supreme Court gave the go-ahead, a federal appeals court slapped on another stay overnight.

The state law allows Texas law enforcement to arrest and jail people suspected of coming into the country illegally. It also gives judges authority to deport some of them. 

On Tuesday, the Supreme Court lifted a stay on enforcing the law while a lower court decides the case on its merits. Within hours, the 5th Circuit Court once again put the law on hold.

Speaking before the lower court ruling, Texas Gov. Greg Abbott said the Supreme Court's decision was encouraging because it means the Court could eventually rule in their favor. 

"What it signals is, there are six votes on the Supreme Court that say it's ok for Texas to go ahead and begin enforcing the law, so that's a very consequential step that's been taken, it's not conclusive, but it's consequential for now," said Gov. Abbott.

The Biden administration calls the Texas law a violation of the Constitution. Immigration experts say it could set a bad precedent.

"Essentially now every state is going to have the green light to go ahead and set up whatever system they want even if it conflicts with federal law; we can charge you and have you deported," said David Bier with the Cato Institute.

Meanwhile, an estimated 3 million migrants have crossed the border illegally under the Biden administration – a crisis that some say can only be solved with the help of God.

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Rev. Tony Suarez with the National Hispanic Christian Leadership Conference said, "We've tried politics, we've tried protesting, we've tried advocating, now we're going to go back to what we know works which is prayer, fasting, coming before God and just knowing that He really is the only hope that our nation and our southern border has."

Rev. Suarez says revival on the border is heating up and he has scheduled evangelistic events and prayer stops in several border cities over the next few weeks. He's the second evangelist to visit the border this month, following Franklin Graham's Frontera Tour a few weeks ago. 

For now, Texas' hands are tied in their battle over the border crisis. The Fifth Circuit Court of Appeals will hear arguments on the case today and it's expected to end up back at the Supreme Court.