Texas Governor Set to Sign Controversial Immigration Enforcement Law, Prompting Civil Rights Lawsuit

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ICARO Media Group
Politics
18/12/2023 20h53

AUSTIN - Gov. Greg Abbott of Texas is poised to sign a sweeping immigration enforcement law on Monday, granting the state's police the authority to arrest migrants suspected of being in the state unlawfully. Under the new measure, state judges will also be empowered to order the return of migrants to Mexico. The law, known as Senate Bill 4, is scheduled to take effect in early 2024, but it has already sparked opposition from civil rights groups, who plan to file a lawsuit challenging its constitutionality.

Many critics argue that the law will lead to discrimination against Hispanic and Latino Texans, as well as other residents of color. Mexican officials and Congressional Democrats have joined the chorus of disapproval, denouncing Abbott's actions. They contend that Senate Bill 4 exacerbates the ongoing issue of illegal immigration and point their fingers at President Joe Biden for what they perceive as a lack of adequate immigration law enforcement.

Key provisions of the law include the creation of a new state crime: illegal entry from a foreign nation. This offense would be classified as a Class B misdemeanor and carry penalties of up to six months in jail or a $2,000 fine. For those with prior convictions, the penalty could be further elevated to a state jail felony. Additionally, state judges would be authorized to order the expulsion of migrants to their country of entry, most likely Mexico.

In a related development, Gov. Abbott is expected to sign Senate Bill 3 on Monday, which allocates $1.54 billion in funding for the construction of a state border wall, similar to the one initiated during the tenure of former President Donald Trump. Republican leaders in Texas, including Lt. Gov. Dan Patrick and House Speaker Dade Phelan, have hailed Senate Bill 4 as the most robust border security bill ever passed.

However, critics, including immigration attorneys and some Republican legislators, argue that Senate Bill 4 is likely to face legal challenges due to its potential conflict with federal immigration enforcement. They point to previous Supreme Court rulings that assign immigration enforcement powers exclusively to Congress and the federal government, while states have a more limited role. Dozens of former federal immigration judges, appointed by presidents from both parties, have decried the measure as a violation of federal law.

If legal proceedings ensue, this would mark the third instance in which Texas seeks to defend its border security policies in court. The state's track record has thus far been unsuccessful, with the Justice Department suing Abbott over the installation of a barrier of buoys in the Rio Grande and a federal judge denying an injunction sought by Attorney General Ken Paxton over the cutting of state-installed razor wire by border patrol agents.

As Texas prepares to implement Senate Bill 4, the stage is set for a legal showdown that could potentially reach the U.S. Supreme Court. The implications of this contentious law extend beyond the borders of Texas, as it reignites the national debate on immigration and the delicate balance between state and federal authority in shaping immigration policy.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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