HOUSTON — Testing the limits of how far Texas can go to keep migrants out of the U.S., Republican Gov. Greg Abbott on Monday signed into law sweeping new powers that allow police to arrest migrants who cross the border illegally and give local judges authority to order them to leave the country.
Opponents have called the measure the most dramatic attempt by a state to police immigration since a 2010 Arizona law — denounced by critics as the “Show Me Your Papers” bill — that was largely struck down by the U.S. Supreme Court. Texas’ law is also likely to face swift legal challenges.
Immigration enforcement is a federal responsibility. But Texas Republicans have increasingly blurred those boundaries under President Joe Biden, saying his administration isn’t doing enough to stop people from entering the country illegally. Texas has bused more than 65,000 migrants to cities across America and installed razor wire along the banks of the Rio Grande, which has snagged and injured some asylum-seekers.
Separately Monday, U.S. Customs and Border Protection temporarily shut down two railroad border crossings in Texas to shift officers to helping process migrants. Rail operators said the closures at Eagle Pass and El Paso would hamper trade ahead of Christmas.
The new law signed by Abbott allows any Texas law enforcement officer to arrest people who are suspected of entering the country illegally. Once in custody, they could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don’t comply could face arrest again under more serious felony charges.
Legal experts have called the measure a violation of the U.S. government’s purview over immigration enforcement. Mexico’s government also rebuked the measure. In the U.S., some immigrant rights groups have lashed out at Biden for not stopping Texas’ aggressive border measures sooner.
Thirty former U.S. immigration judges, who served under both Republican and Democratic administrations, signed a letter this month condemning the measure as unconstitutional.
“This is sanctioned racial profiling and all Texans must stand up and demand this measure, that will no doubt cause massive family separations, be struck down,” said Priscilla Olivarez, an attorney and strategist for the San Antonio-based Immigrant Legal Resource Center
During debate in the Texas House, GOP state Rep. David Spiller pushed back against concerns that the law would be used as a dragnet to arrest immigrants statewide. He said enforcement would mostly take place in border counties and rebuffed efforts by Democrats to narrow the law, including a proposed carve-out for police on college campuses.
“This is not, ‘Round up everyone who is here illegally and ship them back to Mexico,’” he said.
Under bilateral and international agreements, Mexico is required to accept deportations of its own citizens, but not those of other countries. Under the Texas law, migrants ordered to leave would be sent to ports of entry along the border with Mexico, even if they are not Mexican citizens.
“The Mexican government categorically rejects any measure that would allow local or state authorities to detain or deport Mexicans or other nationalities to Mexican soil,” Mexico’s foreign relations department wrote in a statement.
Opponents have accused Texas Republicans of using the law as a vehicle to force the Supreme Court’s new conservative majority to revisit the landmark Arizona decision in 2012. At the time, Justice Anthony Kennedy said Arizona may have “understandable frustrations” with immigrants who are in the country illegally but can’t pursue policies that “undermine federal law.”
Earlier this month, Abbott endorsed former President Donald Trump, the Republican presidential front-runner in 2024. Over the weekend, Trump delivered alarming anti-immigrant remarks about “blood” purity, echoing Nazi slogans of World War II.
Reaction to Gov. Abbott signing Senate Bill 4
Texas Sen. Roland Gutierrez (D)
“Senate Bill 4 is unconstitutional, a recipe for racial profiling, and worse than Arizona’s Show Me Your Papers bill. It will not fix a broken immigration system, it will not secure the border, and it sure as hell will not keep Texans safe.
“Texans are sick and tired of the political stunts on the border and immigration. It’s time for real solutions. Congress needs to act, because immigration is the job of the federal government, not politicians in Austin. It is lunacy to empower a city cop to identify, detain, and immediately deport anyone they simply assume might be here without authorization. The way this bill is written, the local dog catcher can choose to deport you. This unconstitutional scheme by MAGA Republicans is nothing but cruelty and political theater made to score political points by terrorizing the Latino community, and I am going to keep fighting this bill with everything I’ve got."
Texas Rep. Carrie Isaac (R)
"We are now in our 4th special of the 88th. We just passed SB 4 and SB 3 in the Texas House!
Senate Bill 4, creates a new state crime for entering Texas illegally. It authorizes Texas law enforcement to arrest and prosecute all people who cross the border illegally. An illegal border crosser can be returned to the port of entry and ordered to return to the country from which they entered. If they fail to do so, they will face even stiffer penalties. Senate Bill 3 appropriates $1.5 billion to continue building the border wall. These funds are in addition to the over $5 billion appropriated in our budget to continue funding Operation Lone Star.
The bill also increases law enforcement overtime, pay including extra staffing at the Colony Ridge development in Liberty County. These bills are the strongest stand that any state has taken to protect its citizens and its sovereignty!"
Harris County Attorney Chris Menefee
“Governor Abbott is doubling down on inhumane policies that will affect people across the state, regardless of their immigration status. This law opens the door for people to be profiled by law enforcement merely for the suspicion that they may be undocumented.
Once again Republicans in Texas are overstepping their authority, forcing cities and counties to do their dirty work and disregarding the federal government’s jurisdiction over immigration laws.
I’ve heard directly from our community members who have deep concerns about the impacts that this could have on families across the state. Policies that endorse racial profiling perpetuate and sustain the racial disparities we see in the criminal legal system, education, and healthcare. SB 4 impacts all Texans, immigrant and nonimmigrant alike. I strongly oppose SB4 and am committed to continuing to support the fight against this legislation.”