Advocates Fear Confusion and Racial Profiling as Texas Immigration Law Takes Effect

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ICARO Media Group
Politics
21/12/2023 21h51

A new law making entering Texas illegally a state crime is causing concern among undocumented migrants and mixed-status families along the US-Mexico border, according to immigration advocates. The law, known as Senate Bill 4 (SB4), is set to take effect in March and grants local law enforcement the power to arrest migrants.

The signing of SB4 by Republican Governor Greg Abbott has raised fears of racial profiling and potential detentions and deportations by state authorities. Advocates voiced their concerns during a recent town hall meeting regarding the implementation of the law.

Houston immigration attorney Roberto Quijano expressed uncertainty about how the law would be enforced, stating, "There are a lot of unknowns about how this law will be implemented." Many opponents of the law draw parallels to Arizona's controversial "Show me your papers" law from 2010, which was later partially struck down by the US Supreme Court.

Critics argue that the new Texas law is unconstitutional and civil rights groups have filed a lawsuit against the state, including the American Civil Liberties Union (ACLU), the ACLU of Texas, and the Texas Civil Rights Project. The lawsuit contends that the law preempts federal law and infringes on the federal government's authority over immigration.

The enforcement of immigration law typically falls under the federal government's purview, not individual state governments. When asked whether President Joe Biden supported legal action on the matter, White House press secretary Karine Jean-Pierre deferred to the Department of Justice, which would make the decision on pursuing a lawsuit.

Executives from El Paso county, Harris county (which includes Houston), and Travis county (home to Austin) wrote a letter to President Biden, urging him to prevent SB4 from going into effect. Their concerns revolve around the law's constitutionality and its impact on community safety. These three counties represent nearly a quarter of Texas's population.

The signing of SB4 comes at a time when there is a surge of migrants attempting to cross the US-Mexico border, placing immense pressure on local, state, and federal authorities. On Tuesday alone, US Border Patrol processed 10,500 migrants who illegally crossed the border. The current pace of arrests is straining federal resources, with over 26,000 migrants currently in border custody.

Governor Abbott has expressed frustration with the federal government's handling of border security and is providing state law enforcement with new powers to detain and deport migrants. However, clashes between Abbott and the Biden administration over the state's measures to curb illegal immigration have emerged.

Critics of the new law warn that it will grant local law enforcement officers the authority of federal immigration agents, potentially leading to increased harassment and abuse in border communities. Advocates, such as Marisa Limón Garza, executive director at Las Americas Immigrant Advocacy Center, highlight concerns that the law will subject countless US citizens, mixed-status households, and undocumented immigrants to unlawful interrogations, searches, seizures, and arrests based on appearance and behavior.

With the law set to take effect in March, Dylan Corbett, executive director of the Hope Border Institute, cautions that it will criminalize people seeking safety at the border and instill fear in families throughout Texas. "The day it goes into effect, it will disastrously make every Texan less safe by eroding fundamental community trust with law enforcement," Corbett emphasized.

As the implementation of SB4 looms, advocacy organizations continue to receive numerous inquiries and calls from concerned individuals. Cesar Espinosa, executive director of the immigrant-led civil rights organization FIEL, urges the community to remain calm, reminding them that although these laws are concerning, they have not yet been fully implemented.

CNN's Ray Sanchez, Michael Williams, Nikki Carvajal, and Priscilla Alvarez contributed to this report.

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