Texas Governor Signs Controversial Law Empowering Police to Arrest Migrants Crossing Border

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ICARO Media Group
Politics
18/12/2023 23h02

Governor Greg Abbott of Texas has recently signed a controversial law that grants sweeping new powers to state police to arrest migrants who cross the border illegally. The law also gives local judges the authority to order these individuals to leave the country. Critics have labeled the legislation as the most significant attempt by a state to police immigration since the 2010 Arizona law, commonly known as the "Show Me Your Papers" bill, which was largely invalidated by the U.S. Supreme Court. Legal challenges against the new Texas law are expected to be filed promptly.

While immigration enforcement is typically seen as a federal responsibility, Texas Republicans have argued that President Joe Biden's administration has not taken sufficient action to prevent unauthorized border crossings. In response, Texas has taken matters into its own hands by busing over 65,000 migrants to various cities across the country. Additionally, the state has installed razor wire along the banks of the Rio Grande, inadvertently causing injuries to some asylum-seekers.

In a separate development, U.S. Customs and Border Protection temporarily closed two railroad border crossings in Texas. The closures at Eagle Pass and El Paso were aimed at reallocating officers to assist with processing migrants. However, rail operators expressed concerns about the impact on trade, particularly in the lead-up to the Christmas season.

The newly enacted law in Texas expands the authority to arrest individuals suspected of entering the United States illegally to any state law enforcement officer. Once apprehended, these individuals can either agree to leave the country based on a Texas judge's order or face prosecution for misdemeanor charges related to illegal entry. Migrants who fail to comply may face re-arrest on more serious felony charges.

Legal experts have raised objections, asserting that the law violates the federal government's jurisdiction over immigration enforcement. The Mexican government has also criticized the measure, reiterating its opposition to any action that allows local or state authorities to detain or deport individuals to Mexican soil. Within the United States, immigrant rights groups have criticized President Biden for not intervening sooner to halt Texas' aggressive border measures.

A group of thirty former U.S. immigration judges, who have served under both Republican and Democratic administrations, have signed a letter condemning the Texas law as unconstitutional. They express concerns that the legislation will result in massive family separations and argue that it amounts to sanctioned racial profiling.

During the Texas House debate, Republican state Representative David Spiller defended the law, stating that enforcement would primarily occur in border counties. He rebuffed attempts by Democrats to narrow the legislation, including a proposed exemption for police on college campuses. Spiller emphasized that the law should not be misinterpreted as a mass roundup of all undocumented immigrants for immediate deportation.

Under existing bilateral and international agreements, Mexico is obligated to accept the deportation of its own citizens. However, the Texas law extends the requirement to migrants of other nationalities, sending them to ports of entry along the border with Mexico. The Mexican foreign relations department issued a statement firmly opposing any measure that allows state or local authorities to detain or deport Mexicans or individuals of other nationalities to Mexican soil.

Opponents of the new law in Texas have accused state Republicans of using it as a means to prompt the U.S. Supreme Court's conservative majority to reconsider the landmark Arizona decision of 2012. At the time, Justice Anthony Kennedy acknowledged Arizona's frustrations with undocumented immigrants but emphasized the need to refrain from undermining federal law.

It is noteworthy that Governor Abbott recently endorsed former President Donald Trump, the leading Republican candidate for the 2024 presidential race. Over the weekend, Trump made controversial anti-immigrant remarks, echoing slogans used during World War II by the Nazi regime.

This article was contributed by a writer in Austin, Texas, and Mark Stevenson, an Associated Press writer based in Mexico City, provided additional reporting.

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

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