Texas To Begin The Arrest Of Illegal Migrants

Texas just approved one of the strictest immigration laws any US state has ever passed, making crossing the border illegal and subject to jail time.

According to Republican Governor Greg Abbott, it will “stop the tidal wave of illegal entry into Texas”.

Advocates for immigration have claimed that racial profiling will result from the bill.

It occurs in the midst of growing undocumented immigration and widespread unease about US President Joe Biden’s border management. One reason the new Texas legislation is so divisive is that US courts have held in the past that immigration rules can only be enforced by the federal government.

Crossing the border illegally is already a federal crime, but violations are currently handled as civil cases by the immigration court system.

Texas Senate Bill 4 (SB4), which is due to come into effect in March, passed both houses of Texas’ Republican-led legislature in November.

In practice, the law allows local and state police officers to stop and arrest anyone suspected of having crossed the border illegally, except in schools and hospitals.

Punishments range from misdemeanours to felonies that can lead to jail time or fines of up to $2,000 (£1,580).

A judge can also order that those arrested be sent back across the border into Mexico, although it is unclear how Texas authorities plan to enforce that provision.

Penalties for illegal re-entry could go up to 20 years in jail, depending on a migrant’s immigration and criminal history.

In November, Texas Lieutenant Governor Dan Patrick said the law would “keep Texas safe” and that it was “the strongest border security bill Texas has ever passed”.

SB4, however, is almost certain to face legal challenges from immigration advocates. The bill has also been criticized by Democratic lawmakers and Mexico’s government.

In October, Sarah Mehta, senior border policy counsel at the American Civil Liberties Union, said that “laws like these result in the unlawful racial profiling, arrest and detention of both US citizens and immigrants”.

White House spokesperson Angelo Fernández Hernández said that “generally speaking, the federal government — not individual states — is charged with determining how and when to remove noncitizens for violating immigration laws”.

According to the BBC, the justice department — which would be responsible for filing any federal legal action against Texas has been contacted but no comment yet.

Border and immigration issues have become a political headache for President Biden.

During the 2022 fiscal year that ended in September, a total of 2.4 million migrant “encounters” were registered at the border, a record high.

Republican lawmakers have sought to use US military aid to Ukraine as leverage to secure policies to crack down on illegal immigration.