The American Civil Liberties Union, in conjunction with the American Civil Liberties Union of Texas and the Texas Rights Project, has filed a lawsuit aimed at halting the controversial Texas law that gives state authorities the ability to detain individuals who enter the country illegally and order them to leave.
Key Facts
Republican Governor Greg Abbott signed the law on Monday, making illegal immigration – which is generally considered a federal issue – a state crime, allowing state authorities to detain undocumented immigrants and order state judges to deport them from the country.
However, in their lawsuit filed on Tuesday, the organizations claim that the law is unconstitutional and preempted by federal law, and would allow Texas to deport immigrants regardless of their eligibility for asylum or humanitarian protection.
Essential Information
Opponents of the law have argued that it will separate families and lead to racial discrimination, while placing state judges in a position of handling immigration cases without proper training, as pointed out by the American Civil Liberties Union.
The civil liberties group filed the lawsuit on behalf of two immigrant rights advocacy groups – the Las Americas Immigrant Advocacy Center and America’s Voices – as well as El Paso County.
The plaintiffs are identified as Texas Department of Public Safety Director Steven McCraw and El Paso County Attorney Bill Hicks.
The Texas Department of Public Safety states that it does not comment on pending litigation – Forbes has also reached out to Hicks.
Crucial Quote
“We are suing to stop one of the most extreme anti-immigrant bills in the country,” according to Adriana Pineda, legal director of the Texas Civil Liberties Union.
Background
The law is set to take effect in March, despite the controversy it has sparked, including criticism from Texas Democrats and the Mexican government – which announced on Tuesday that it is preparing to challenge the law. A clash between Texas and the federal government is expected, which is the usual institution handling immigration enforcement. But it is just the latest effort by Abbott to combat a historic wave of migrants crossing the border, which he and other Republicans have described as a crisis stemming from President Joe Biden’s immigration policies. Over the past year, Abbott has divided leaders in major cities by sending buses filled with migrants from Texas to Democratic-controlled cities across the country, a practice that has angered officials in those cities and immigrant advocacy groups. Abbott has claimed that the decision to transport migrants to cities like New York, Chicago, and Washington, D.C., is a form of protest against President Biden’s border policies.
What to Watch
It remains to be seen whether the federal government will initiate any formal challenge to the law. Neither the Department of Justice nor Biden has provided any official response to the law as of Tuesday, but a White House spokesperson told Texas Tribune that the law is “extreme” and will make “communities in Texas less safe.”
Looking Ahead
The law is expected to generate controversy, as it grants state authorities the power to detain individuals who enter the country illegally and order them to leave. It remains to be seen whether the federal government will initiate any formal challenge to the law. Neither the Department of Justice nor Biden has provided any official response to the law as of Tuesday, but a White House spokesperson told Texas Tribune that the law is “extreme” and will make “communities in Texas less safe.”
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