AUSTIN, Texas — 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 then 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.
Congressman Joaquin Castro reacted to the signing of the bills with a statement.
"This bill is set to be the most extreme anti-immigrant state bill in the United States; it is clearly preempted by federal law and when it goes into effect will likely result in racial profiling, significant due process violations, and unlawful arrests of citizens, lawful permanent residents, and others," he said.
Domingo Garcia, the National President of the League of United American Citizens says there are better ways to solve the immigration crisis.
"Why don't we give ten years of prison to anybody who hires an undocumented immigrant? Anybody you know, that socialite in the rich part of town that has a nanny, the guy who hires a gardener, those Fortune 500 companies that hire all these undocumented immigrants to work in the meatpacking plants or the agricultural fields, that would stop it," said Garcia.
30 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.
The Bexar County Sheriff's Office released a statement on the new bills.
“Although this bill potentially does not take effect until March of 2024, we are currently analyzing the impact it will have on law enforcement and the community we serve. We do not anticipate any changes in the way we protect and serve Bexar County. Currently, there are limits on local officers’ authority to enforce immigration, as well as rules governing racial profiling. We will be mindful of both as we craft our policies moving forward. Any victims or witnesses of crime can always call upon the BCSO for help, regardless of immigration status.”
Learn more about KENS 5:
Since going on the air in 1950, KENS 5 has strived to be the best, most trusted news and entertainment source for generations of San Antonians.
KENS 5 has brought numerous firsts to South Texas television, including being the first local station with a helicopter, the first with its own Doppler radar and the first to air a local morning news program.
Over the years, KENS 5 has worked to transform local news. Our cameras have been the lens bringing history into local viewers' homes. We're proud of our legacy as we serve San Antonians today.
Today, KENS 5 continues to set the standard in local broadcasting and is recognized by its peers for excellence and innovation. The KENS 5 News team focuses on stories that really matter to our community.
You can find KENS 5 in more places than ever before, including KENS5.com, the KENS 5 app, the KENS 5 YouTube channel, KENS 5's Roku and Fire TV apps, and across social media on Facebook, Twitter, Instagram and more!
Want to get in touch with someone at KENS 5? You can send a message using our Contacts page or email one of our team members.