Texas DPS Clarifies Enforcement Plans for Controversial Immigration Law
ICARO Media Group
In response to the ongoing legal battle surrounding Texas' immigration law, the Department of Public Safety (DPS) has provided clarification on its plans for enforcement. Following initial confusion over whether the law would be limited to border counties, a top DPS official stated that troopers would primarily focus on apprehending migrants crossing the Rio Grande, with enforcement largely concentrated in southern border counties.
According to Lt. Chris Olivarez, a spokesman for the agency's South Region, troopers will not check the immigration status of individuals during traffic stops or encounters occurring farther inland. The law is specifically designed for border security, and therefore only adults who are seen crossing the border will be subject to arrest. Family units and children, on the other hand, will be handed over to Border Patrol agents rather than facing charges under the new law.
Clarifying the agency's stance, Olivarez stated, "This law was not designed for interior enforcement. This law is designed for border security along the river." These comments mark the first official clarification from the DPS regarding the enforcement strategy for Senate Bill 4 (SB4), which grants state and local law enforcement officers the authority to arrest undocumented migrants.
Additionally, Olivarez and DPS spokeswoman Ericka Miller emphasized that the law would be enforced statewide, even inland, in certain circumstances. For example, individuals who are arrested for violent crimes and are found to be in the state illegally could face charges under SB4. Similarly, individuals who are smuggled across the border and can be proven to have entered Texas illegally may also be charged.
Previously, such individuals would have been handed over to Border Patrol agents. However, if the law goes into effect, state district judges would also have the authority to order unauthorized migrants to be deported. The U.S. Justice Department, along with civil rights groups, has opposed the law, arguing that immigration enforcement is a federal responsibility.
The rollercoaster of conflicting court rulings surrounding SB4 has created confusion for law enforcement agencies across Texas. Last week, the law briefly went into effect after the U.S. Supreme Court granted permission for its enforcement, only to be blocked by the 5th Circuit Court of Appeals just nine hours later. This left law enforcement agencies uncertain about their responsibilities, with some agencies ready to arrest migrants they believed to be violating the law while others awaited guidance from the DPS or Governor Greg Abbott's office.
Lt. Olivarez clarified that the DPS did not enforce the law last week due to a lack of approval from Governor Abbott or the attorney general's office. However, if the federal appeals court allows the law to go into effect and receives approval from both the governor and the attorney general's office, DPS will be ready to enforce it.
While the DPS's enforcement plans currently differ from what is allowed under SB4, which does not limit enforcement to border counties, the agency intends to provide guidance to other law enforcement agencies across Texas on implementing the law. Lt. Olivarez stated that local prosecutors and officials will also be consulted before enforcement takes place.
Despite the DPS's efforts to clarify enforcement plans, doubts remain. Kristin Etter, director of policy and legal services at the Texas Immigration Law Council, expressed concerns about the lack of permanence in agency policies, stating that they can change without notice. She emphasized that policies are not binding and do not require any changes in the law.
The fate of SB4 now rests in the hands of the federal appeals court, with further oral arguments scheduled for April 3 to determine its constitutionality. Until then, the DPS will be prepared to enforce the law should they receive the green light from the court as well as the governor and attorney general's office.
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