Republican Texas Gov. Greg Abbott approved sweeping new powers that allow police to arrest migrants who illegally cross the U.S. border and give local judges authority to order them to leave the country, testing the limits of how far a state can go to enforce immigration laws.
Quick Read
- Texas’ New Immigration Enforcement Law: Governor Greg Abbott signs a law granting police power to arrest migrants for illegal entry and authorizing local judges to order their departure from the U.S.
- Comparison to Arizona’s 2010 Law: Critics liken the Texas law to Arizona’s controversial 2010 immigration law, with expectations of legal challenges citing federal authority over immigration.
- Law’s Provisions and Impact: Set to take effect in March, the law allows for the arrest of suspected illegal entrants and the option of either agreeing to leave the U.S. or facing prosecution.
- Abbott’s Predictions and Rationale: Abbott claims the law will significantly reduce illegal crossings, asserting it as a deterrent to migrants smuggled by cartels.
- Political Tensions Over Immigration: The law adds to the debate over immigration policy, with Texas Republicans challenging the federal government’s handling of the border.
- Texas’ Border Actions: Texas has been proactive in immigration matters, busing migrants to various U.S. cities and installing razor wire along the Rio Grande.
- Response to Increasing Border Crossings: The U.S. temporarily closed two Texas railroad border crossings due to a rise in migrants traveling on freight trains.
- Legal Challenges Anticipated: The ACLU of Texas plans to challenge the law, and congressional Democrats have urged the Justice Department to intervene.
- Mexico’s Stance: Mexico criticizes the law, noting its obligation to accept only deportations of Mexican citizens, not those of other nationalities.
- Debate in Texas Legislature: The law faced opposition in the Texas House, with Republicans asserting its limited scope and Democrats seeking amendments to narrow its application.
- Focus on Recent Illegal Entrants: The misdemeanor charge of illegal entry focuses on recent entrants, not long-settled immigrants.
- Supreme Court’s Potential Role: Opponents speculate that the law could prompt the Supreme Court’s conservative majority to revisit its 2012 decision on Arizona’s immigration law.
The Associated Press has the story:
Texas Gov. signs bill that lets police arrest migrants who enter US illegally
Newslooks- BROWNSVILLE, Texas (AP)
Republican Texas Gov. Greg Abbott approved sweeping new powers that allow police to arrest migrants who illegally cross the U.S. border and give local judges authority to order them to leave the country, testing the limits of how far a state can go to enforce immigration laws.
Opponents have called the measure the most dramatic attempt by a state to police immigration since a 2010 Arizona law — denounced by critics as the “Show Me Your Papers” bill — that was largely struck down by the U.S. Supreme Court. Immigration enforcement is a federal responsibility, and Texas’ law is also likely to face swift legal challenges.
The law, which takes effect in March, allows any Texas law enforcement officer to arrest people who are suspected of entering the country illegally. Once in custody, they could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don’t leave could face arrest again under more serious felony charges.
Abbott, who signed the law in front of a section of border fence in Brownsville, predicted the number of people crossing illegally into Texas would drop by “well over 50%, maybe 75%.” He did not offer evidence for that estimate.
“The consequences of it are so extreme that the people being smuggled by the cartels, they will not want to be coming into the state of Texas,” he said.
The law adds another tension point over immigration amid a struggle between the White House and Senate negotiators to reach a deal on border security. Republicans in Congress are demanding changes to the immigration system in exchange for any help for Ukraine, Israel and other national security needs.
Texas Republicans have increasingly challenged the U.S. government’s authority over immigration, saying President Joe Biden’s administration isn’t doing enough to control the 1,950-mile (3,149-kilometer) southern border. Texas has bused more than 65,000 migrants to cities across America since August 2022 and recently installed razor wire along the banks of the Rio Grande, which has snagged and injured some asylum-seekers.
The U.S. government on Monday temporarily shut down two railroad border crossings in Texas, a move that rail operators said would hamper trade ahead of Christmas. Troy Miller, U.S. Customs and Border Protection’s acting commissioner, said the closures at Eagle Pass and El Paso were a response to more migrants traveling on freight trains, particularly over the last week.
Miller said authorities are seeing “unprecedented” arrivals at the border, topping 10,000 crossings on some days this month.
Shortly after Abbott signed the new law, the American Civil Liberties Union of Texas said it would challenge the measure in court. More than 20 congressional Democrats also signed a letter urging the U.S. Justice Department to sue to stop the law, known as Senate Bill 4.
“SB 4 is dangerous for the people of Texas and interferes with the federal government’s exclusive authority over immigration and foreign affairs,” the letter read.
Mexico’s government also has rebuked the measure. Under bilateral and international agreements, Mexico is required to accept deportations of its own citizens, but not those of other countries. Under the Texas law, migrants ordered to leave would be sent to ports of entry along the border with Mexico, even if they are not Mexican citizens. In September and October, Venezuelans were the largest nationality arrested for illegally crossing the U.S. border.
During debate in the Texas House in November, GOP state Rep. David Spiller pushed back against concerns that the law would be used as a dragnet to arrest immigrants statewide. He said enforcement would mostly take place in border counties. But he also rebuffed several efforts by Democrats to narrow the law, including a proposed carve-out for police on college campuses.
Because the illegal entry charge is a misdemeanor, which has a statue of limitation of two years, Spiller has said the law will not be used to target immigrants who have long been settled in the U.S.
“This is not, ‘Round up everyone who is here illegally and ship them back to Mexico,’” he said during debate over the bill.
Opponents have accused Texas Republicans of using the law as a vehicle to force the Supreme Court’s new conservative majority to revisit its landmark 2012 Arizona decision. At the time, Justice Anthony Kennedy said Arizona may have “understandable frustrations” with immigrants who are in the country illegally but that it can’t pursue policies that “undermine federal law.”
