exas Governor Signs Controversial Immigration Law Granting Arrest Powers for Illegal Entry
In a move that has ignited controversy, Republican Texas Governor Greg Abbott signed a law on Monday that significantly expands state powers in immigration enforcement. This new law, set to take effect in March, allows Texas law enforcement officers to arrest migrants who illegally cross the U.S. border and gives local judges the authority to order them to leave the country.
This measure represents one of the most assertive steps by a state to police immigration, drawing comparisons to Arizona's 2010 law, which faced substantial legal challenges and was largely struck down by the U.S. Supreme Court. Critics and opponents have voiced concerns, arguing that immigration enforcement is traditionally a federal responsibility and predicting that the Texas law will also encounter swift legal challenges.
Under the new law, law enforcement in Texas can arrest individuals suspected of illegal entry into the country. Those arrested face the choice of complying with a Texas judge's order to leave the U.S. or being prosecuted on misdemeanor charges of illegal entry. Migrants who do not comply with the departure order could face re-arrest and more serious felony charges.
Governor Abbott, signing the law in Brownsville near a section of the border fence, asserted that this law would significantly reduce illegal crossings into Texas. However, he did not provide concrete evidence for his estimates of the reduction in illegal crossings.
The law adds to the ongoing tensions over immigration policy in the U.S. Amid negotiations between the White House and Senate on border security, Texas Republicans have increasingly challenged the federal government's authority over immigration. They claim that the Biden administration's policies are inadequate for controlling the southern border, stretching over 1,950 miles (3,149 kilometers).
Texas has taken several independent actions regarding immigration, such as busing migrants to various U.S. cities and installing razor wire along parts of the Rio Grande. These measures have sparked controversy and concern, particularly regarding the safety and treatment of asylum-seekers.
In response to the signing of the law, the American Civil Liberties Union of Texas announced plans to challenge it in court. More than 20 congressional Democrats have also urged the U.S. Justice Department to sue to stop the law's implementation.
The Mexican government has criticized the measure, highlighting complications with international and bilateral agreements. The law stipulates that migrants ordered to leave under its provisions would be sent to ports of entry along the U.S.-Mexico border, regardless of their nationality.
During legislative debates, GOP state Representative David Spiller emphasized that the law's enforcement would primarily occur in border counties and would not target long-settled immigrants in the U.S., as the illegal entry charge is a misdemeanor with a two-year statute of limitations.
Opponents have accused Texas Republicans of using the law as a strategy to prompt the Supreme Court's conservative majority to reconsider the 2012 Arizona decision. In that ruling, Justice Anthony Kennedy stated that while states might have frustrations with illegal immigration, they cannot enact policies that undermine federal law.
The passage of this law marks a significant moment in the ongoing debate over immigration policy in the United States, reflecting deep divisions over the role of state versus federal authority in enforcing immigration laws. As the law comes into effect, its implications and legal challenges will be closely watched, both in Texas and nationally.