Texas Gov. Greg Abbott signed legislation on Monday that gives police the right to arrest migrants who unlawfully cross the border and local judges the authority to order them to leave the country, pushing the limits of how far a state can go to enforce immigration laws. Opponents have labelled the bill the most significant attempt by a state to police immigration since a 2010 Arizona law dubbed the “Show Me Your Papers” bill, which was partially overturned by the United States Supreme Court. Immigration enforcement is a federal function, and Texas’ bill will almost certainly be challenged in court.
Texas’ plan will almost definitely be challenged in court because immigration enforcement is a federal duty
Texas Gov. Greg Abbott signed legislation on Monday that allows police to arrest illegal border crossers and local judges to order them to leave the country, extending the limits of how far a state can go to enforce immigration rules. Opponents say the plan is the most major attempt by a state to police immigration since a 2010 Arizona statute known as the “Show Me Your Papers” bill, which was partially rejected by the US Supreme Court. Texas’ plan will almost definitely be challenged in court because immigration enforcement is a federal duty.
Abbott, who signed the bill in front of a stretch of border barrier in Brownsville, estimated that the number of immigrants illegally entering Texas would fall by “well over 50%, maybe 75%.” He provided no evidence to support 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 told the audience. The measure adds another area of contention in the immigration debate, as the White House and Senate negotiators try to achieve an agreement on border security. Republicans in Congress are seeking immigration reform in exchange for assistance for Ukraine, Israel, and other national security concerns.
The United States government temporarily closed two railroad border crossings in the state on Monday
Texas Republicans have increasingly questioned the federal government’s power over immigration, claiming that President Joe Biden’s administration isn’t doing enough to secure the country’s 1,950-mile (3,149-kilometer) southern border. Since August 2022, Texas has bused over 65,000 migrants to cities across America and has recently placed razor wire along the Rio Grande’s banks, which has hooked and maimed some asylum-seekers.
The United States government temporarily closed two railroad border crossings in Texas on Monday, a decision that rail companies claimed would impede trade ahead of Christmas. According to Troy Miller, acting commissioner of US Customs and Border Protection, the restrictions at Eagle Pass and El Paso were prompted by an increase in the number of migrants travelling on freight trains, notably in the last week. Miller stated that authorities are seeing “unprecedented” arrivals at the border, with some days this month seeing over 10,000 crossings.
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.
The Mexican government has also condemned the measure
The Mexican government has also condemned the measure. Mexico is bound by bilateral and international agreements to accept deportations of its people but not those of other countries. Migrants forced to leave under Texas law would be transferred to ports of entry along the border with Mexico, even if they were not Mexican nationals. Venezuelans were the most common nationality apprehended for unlawfully crossing the border into the United States in September and October. During a November discussion in the Texas House, Republican state Rep. David Spiller pushed back against concerns that the measure would be used as a dragnet to apprehend immigrants across the state. He stated that most enforcement would 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 misdemeanour, which has a statute 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.”
