McALLEN, Texas (NEWSnet/AP) — A late-night order Tuesday from a 5th U.S. Circuit Court of Appeals panel temporarily put on hold — again — Texas' efforts to step into border enforcement through a pending state law.

Uncertainty along the border and anger from Mexico flared during a brief few hours that the Texas Senate Bill 4 was allowed to take effect.

Earlier in the day, the U.S. Supreme Court had cleared the way for the strict immigration law, dealing a victory to Republican Gov. Greg Abbott and encouraging GOP lawmakers in other states that are pushing for similar measures.

But later in a 2-1 order, an appeals court panel continued the legal seesaw surrounding the Texas law, again putting it on pause ahead of oral arguments that were scheduled for Wednesday. It was not clear how quickly the next decision might come.

During the short time the law was in effect Tuesday, Texas authorities did not announce that any arrests had been made or say whether it was being actively enforced. The Austin Police Department said it did not expect it would have cause to use it; and the Fort Worth Police Department said on social media that "primary responsibility for immigration enforcement and border protection should be left to our federal and state partners."

Texas Speaker of the House Dade Phelan then called out the Fort Worth Police statement as "Unbelievable. Compliance with state law is not optional; it is mandatory. Any local law enforcement agency that refuses to enforce Senate Bill 4 is abandoning their sworn duty to uphold the rule of law."

The Supreme Court did not rule on the merits of the law. It instead kicked back to the lower appeals court a challenge led by the Justice Department, which has argued that Texas is overstepping the federal government's immigration authority.

The latest appeals court order included no explanation from the panel.

But it had the effect of restoring an injunction issued in February by U.S. District Judge David Ezra, who rebuked the law on multiple fronts.

His 114-page opinion brushed off Republicans' claims of an “invasion” along the southern border due to record-high illegal crossings. Ezra, an appointee of former President Ronald Reagan, also warned that the law could hamper U.S. foreign relations.

Under the Texas law, once defendants are in custody on illegal entry charges, they can agree to a judge's order to leave the U.S. or face prosecution. On Tuesday, Mexico’s Foreign Affairs Secretary said in a sharply worded statement that it would refuse to take anyone back who is ordered to cross the border.

“Mexico reiterates the legitimate right to protect the rights of its nationals in the United States and to determine its own policies regarding entry into its territory,” the government said.

Arrests for illegal crossings fell by half in January from a record-high of 250,000 in December, with sharp declines in Texas. Tucson, Arizona, actually was the busiest corridor in recent months, followed by San Diego in January, but reasons for migration shifts are often complicated.

When President Joe Biden visited the Rio Grande Valley last month, administration officials credited Mexico for heightened enforcement on that part of the border for the drop in arrests. They said conditions were more challenging for Mexican law enforcement in Sonora, the state that lies south of Arizona.

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