The highest legal forum in the United States has given the green light to implement the state's immigration law, known as SB4, which allows the detention of illegal border crossers.
A divided Texas Supreme Court on Tuesday allowed a law giving police broad powers to detain immigrants suspected of crossing the border illegally to go into effect, pending a legal fight over the measure.
The majority-conservative panel rejected an emergency request from the Biden administration, saying the law clearly violates federal authorities and would create chaos in immigration law.
The Supreme Court did not address whether the law was constitutional.
The action now moves to the Court of Appeal and could eventually return to the Supreme Court. It is unclear when Texas will begin arresting illegal border crossers under the law.
Texas Governor Greg Abbott welcomed the decision, which will allow any Texas police officer to arrest illegal immigrants and allow judges to order their deportation.
The law requires that those who arrive without authorization, even if they are not Mexican citizens, be sent to collection points along the US-Mexico border.
However, the Mexican government said on Tuesday that it would not accept “under any circumstances” the return of illegal immigrants from Texas to its territory.
Mexico is not obligated to accept deportation, except for Mexican citizens.