Texas is set to implement a new law signed by Governor Greg Abbott on Monday, allowing state and local police to arrest migrants suspected of being in the state illegally. The law also grants state judges the authority to order the return of migrants to Mexico. Scheduled to take effect in early 2024, the broad and contentious measure has already drawn criticism from civil rights groups, prompting the expectation of a legal challenge likely to reach the U.S. Supreme Court.
During a ceremony for the bill signing, held in front of the border’s steel wall, Abbott attributed the need for such legislation to what he deemed President Joe Biden’s failure to enforce federal immigration laws, blaming it for the challenges Texas faces in managing immigration.
The legislation, Senate Bill 4, goes beyond previous measures, introducing a new state crime of illegal entry from a foreign nation. This enables the state to charge migrants with a Class B misdemeanor, carrying penalties of up to six months in jail or a $2,000 fine. Repeat offenders could face a state jail felony. Additionally, the law allows state judges to order the expulsion of migrants to the country from which they entered, presumed to be Mexico.
Critics, including Mexican officials, congressional Democrats, and migrant activists, argue that the law could lead to discrimination against Hispanic and Latino Texans and residents of color. Approximately 50 people protested the law and Abbott’s immigration policies, expressing concerns about racial profiling and potential family separations.
Governor Abbott also signed Senate Bill 3 on Monday, allocating $1.54 billion for the continued construction of a border wall, similar to the one initiated under former President Donald Trump.
While Senate Bill 4 has been praised by Republican state leaders as a robust border security measure, not all GOP officials are in agreement. Senator Brian Birdwell, R-Granbury, chair of the Border Security committee, voted against the bill, deeming it unconstitutional.
Abbott contends that the law was crafted to withstand legal challenges, asserting that Texas has the constitutional right to enforce immigration laws. However, the Supreme Court’s 2012 ruling in Arizona vs. United States affirmed Congress and the federal government’s authority over federal immigration policies.
If Senate Bill 4 faces legal challenges, it would mark the third case involving Texas defending its border security policies. The outcome of the previous two cases has not favored the state, with the Justice Department suing Abbott over a barrier in the Rio Grande, and Attorney General Ken Paxton suing the Department of Homeland Security over border patrol actions.
Potential hurdles include legal battles and the possibility of Mexico refusing to accept migrants Texas seeks to return. Abbott, responding to such a scenario, stated that Texas would send them back to Mexico.
