The Supreme Court’s decision sparked consternation among immigrant rights advocates amid confusion on the ground about whether the law could be implemented immediately.
The appeals court appears to be taking a cue from the Supreme Court when denying an emergency application The appeals filed by the Biden administration put the onus on the court to act quickly.
“If a decision is not made soon, the petitioners may return to this court,” conservative Justice Amy Coney Barrett, along with fellow conservative Justice Brett Kavanaugh, said in a separate opinion.
On the appeals court, Judge Priscilla Richman and Judge Irma Carillo Ramirez voted to block the law. Judge Andrew Oldham voted to uphold it while he considers whether the trial should be blocked.
Richman and Oldham are both Republican appointees, while Ramirez was appointed by President Joe Biden.
The Biden administration has argued that the law conflicts with federal immigration law and that states do not have the authority to legislate on the issue.