Texas Governor Greg Abbott (Republican) signed a bill that allows police officers to arrest migrants who enter the United States illegally and permits judges to order them to return to Mexico, according to multiple reports, marking another chapter in Abbott’s and Texas Republicans’ fierce battle against illegal border crossing – and opening the door to a potential clash with federal officials.
Key Facts
The law was passed through the Texas Legislature in November and will go into effect in early March, classifying illegal border crossing as a misdemeanor and allowing local judges to order defendants to leave the United States.
Judges may drop the misdemeanor charge, which carries a penalty of up to six months in jail, if the migrant agrees to return to Mexico.
The law has faced objections from the Mexican government and Texas Democrats, who argue it could lead to family separations and racial discrimination, according to a Guardian report, noting that a federal challenge to the controversial law is almost certain.
The new law may also face international pressure: Mexico is required to accept the deportation of its citizens but not citizens from other countries, according to the Associated Press, even though under the new Texas law, migrants who are ordered to leave will be sent to ports of entry along the U.S.-Mexico border even if they are not Mexican citizens.
Main Background
Illegal border crossings have surged to record levels in recent years, straining resources in some border communities in Texas and drawing criticism from Republican officials. The law is one of the ways Abbott is combating illegal border crossings into Texas – often facing blame for the rise in crossings. Recently, the state was ordered to remove a floating migrant barrier in the Rio Grande River after about six months of its initial installation, and in 2021, a judge halted Abbott’s plan to stop traffic carrying migrants by Texas National Guard troops after lawsuits from the federal government. Like the barrier, the new deportation law will be challenged in court, where immigration enforcement is typically handled by the federal government rather than individual states. Senator Judith Zaffirini (Texas Democrat) has called the law unconstitutional, citing a 2012 Supreme Court ruling in Arizona v. United States, where the court ruled that state officials do not have the authority to arrest a person based on their immigration status. The case was related to a controversial law in Arizona requiring officers to ask suspected illegal border crossers to provide proof of legal immigration. Meanwhile, Abbott and other Republican governors have been transporting migrants from Texas to Democratic-leaning cities, prompting backlash from federal and local officials.
Further Reading
Texas Officials Pass Bill Allowing Arrests of Migrants – But Here’s Why It Might Be Unconstitutional
Texas Ordered to Remove Anti-Migrant Barrier in the Rio Grande
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Antonio Pequeño IV
Forbes Staff
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