A Texas law that would permit state police to arrest and deport immigrants suspected of illegally entering the United States will remain on hold for now, an appeals court ruled late Tuesday.

The divided 2-1 order from the U.S. Court of Appeals for the 5th Circuit came after a March 20 hearing by a three-judge panel on the court. It’s the latest instance of legal whiplash related to Republican Gov. Greg Abbott‘s law, in what has become tumultuous litigation over its future.

President Joe Biden‘s Justice Department argues the law, known as Senate Bill 4, violates federal authority and would create chaos at the southern border. Texas contends the Biden administration is failing at its job to control illegal immigration and that the Lone Star State is right to take action.

The law was in effect briefly on March 19 after the Supreme Court cleared a path for it to become enacted. But the justices did not rule on the merits of the case and sent it back to the 5th Circuit, which then suspended enforcement while they consider the appeal.

The latest ruling on Tuesday evening keeps the hold on SB 4 in place.

The law was initially challenged by the Biden administration and a pair of immigrant advocacy groups along with El Paso County, all of which argue that the Supreme Court’s 2012 precedent in Arizona v. United States clearly states that removal of immigrants is the federal government’s prerogative.

Texas Attorney General Ken Paxton has argued that SB 4 complies with federal law and argues “states generally enjoy wide latitude to regulate alien misconduct and prosecute crimes involving illegal entry.” There have so far been no arrests made under SB 4 despite its brief enactment.

The challenge to SB 4 is just one of several legal disputes between Republican state officials and the Biden administration over the state’s ability to enforce its own border measures. Other open disputes involve Texas’s placement of razor wire fencing and a 1,000-foot-long floating barrier on the Rio Grande.

The Biden administration also argues the razor wire and floating barrier make it more difficult and dangerous for the Department of Homeland Security to do its job and pose risks to immigrants who are entering the country through the southern border.

In response to Texas’s law, Iowa passed a law similar to the Texas measure that is awaiting the signature of Gov. Kim Reynolds (R-IA). Other states that are currently seeking to pass immigration legislation include Missouri, Kansas, New Hampshire, Arizona, Louisiana, and Florida.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

Texas’s SB 4 was introduced by Republican state Sen. Charles Perry and Republican state Rep. David Spiller and passed during the state legislature’s fourth special session in 2023.

The 5th Circuit is slated to hear oral arguments over SB 4 during an April 3 hearing.