Expanding borders: For over two years, Texas has been making national headlines for transporting migrants across the United States, detaining trespassers, and installing barbed wire along the Rio Grande.
Tuesday night, Texas legislators took it a step further, passing a bill that would allow law enforcement to detain migrants and have local judges order their removal.
The bill, expected to be signed by Republican Governor Greg Abbott, would be one of the strictest immigration laws in the country if enforced.
Amid the bill’s passage, a powerful Republican senator criticized it for going too far, while Democrats in the Texas House attempted to halt it, but were unsuccessful.
Here’s what the proposal entails:
THE ESSENCE OF THE NEW LAW
While Texas law enforcement agencies have previously detained migrants, the new bill extends this authority to all police officers in the state. It enables the arrest of migrants suspected of entering the country unlawfully, with penalties including potential deportation orders.
Critics argue that the law poses a risk of racial profiling, wrongful arrest of legal residents, and discouraging immigrant victims of crime from seeking police assistance.
Republican state Rep. David Spiller clarified that the law would not target residents who have resided in the U.S. for over two years. He assured that police agencies would mostly apply the law near the border.
“It’s not about simply deporting all illegal residents,” Spiller emphasized to a legislative committee last week.
Steven McCraw, director of the Texas Department of Public Safety, expressed doubts about enforcing the law far from the Texas-Mexico border, calling it “almost impossible” without concrete evidence of illegal immigration.
IMMIGRATION AUTHORITY TEST
Legal experts and immigration advocacy groups have condemned the bill as a direct conflict with the federal government’s immigration jurisdiction.
Democratic state Rep. Victoria Neave Criado questioned the state’s power to deport individuals, asserting that it’s within the federal government’s domain.
She, alongside other Democrats, speculated that Texas aims to challenge a 2012 U.S. Supreme Court ruling that restricted states like Arizona from undermining federal immigration regulations.
Spiller denied any intention to dispute the Arizona decision. Nonetheless, the bill has stirred disquiet among some of his fellow Republicans.
State Sen. Brian Birdwell, the only Republican who voted against the bill, argued that it violated federal powers, marking an unusual break from the typical unity of Texas Senate Republicans.
“For the short-term messaging gain between our two chambers during this election season, we are setting a terrible precedent for the future by invalidating our obedience and faithfulness to our Constitution,” Birdwell contended.
MASSIVE BORDER OPERATION IN TEXAS
Throughout Gov. Gregg Abbott’s tenure, he has prioritized aggressive measures at the Texas-Mexico border. Aside from expanding law enforcement’s arrest powers, the Texas Republicans are working on authorizing $1.5 billion for continued border wall construction.
Texas has even gone to court recently to maintain a floating barrier on the Rio Grande and prevent Border Patrol agents from removing the razor wire.
Despite the state’s efforts, illegal border crossings—though slightly decreased in October—remain significantly high, presenting a rare moment of positive news for the White House, which has faced bipartisan criticism for its handling of immigration policies.
