Texas Governor Greg Abbott has recently passed a bill on border security which gives state law enforcement officials the power to arrest illegal migrants and local judges the authority to order them to leave the country anywhere in the state. The strict immigration law signed by the Republican governor on December 18, poses a significant challenge to the federal government’s immigration policy jurisdiction.
The new law grants the power to all law enforcement officials in Texas, even those hundreds of miles from the border, to detain migrants suspected of entering the nation illegally. Migrants who are considered to be committing a misdemeanor can be ordered by a judge to leave the country.
Since immigration enforcement is a federal responsibility, the law is expected to be subject to immediate legal challenges. Following the signing of the bill at the border wall in Brownsville, Texas, Mr. Abbott criticized President Biden’s inaction, stating that the law has placed Texas in a position where it needs to fend for itself.
In a separate development, the U.S. Customs and Border Protection temporarily closed two railroad border crossings in Texas to redirect officers to process migrants, raising concerns about potential impacts on Christmas trade. Critics of the new law fear possible racial profiling and the wrongful arrest of citizens and legal residents. They also argue that the law may deter immigrant victims of crime from contacting the police.
However, supporters of the legislation argue that it is primarily limited to the border area and contains sufficient safeguards. According to state Rep. David Spiller, the law does not apply to residents who have been in the nation for more than two years.
Nevertheless, legal experts and organizations advocating for immigrant rights have expressed strong opposition to the Texas legislation, stressing it is inconsistent with the federal government’s immigration regulation jurisdiction. Democrats contend that Texas Republicans are seeking to have the new conservative majority in the U.S. Supreme Court reconsider a 2012 case that invalidated significant sections of earlier immigration legislation.
The Mexican government has also voiced its opposition to other actions taken by Texas along the border. Opponents of the new law are expected to argue in court that it blatantly violates U.S. law, as the authority to deport individuals is solely vested in the federal government.
Governor Abbott has made border security a key focus of his administration, with Republicans in Texas on track to allocate $1.5 billion to continue the construction of additional federal border wall sections. In addition to the broader arrest powers for law enforcement, Texas has also filed a lawsuit to maintain a floating barrier on the Rio Grande and to prevent Border Patrol agents from destroying razor wire.
Operation Lone Star, a program between the Texas Department of Public Safety and the Texas National Guard, was launched in March 2021 to enhance border security by preventing the entry of drugs, weapons, and individuals as well as countering transnational criminal activities between ports of entry.
The collective efforts of Operation Lone Star have resulted in over 489,500 apprehensions of illegal immigrants and more than 37,500 criminal arrests, including over 34,100 felony charges. Migrant groups have been relocated to various locations, with over 12,500 migrants bused to Washington, DC since April 2022, as well as significant numbers transported to New York City, Chicago, Philadelphia, Denver, and Los Angeles.
The controversial bill signed by Governor Abbott underpins his commitment to implementing stricter border security policies in Texas, demonstrating a firm stance against illegal immigration on both state and federal levels.
