United States: Texas Governor Greg Abbott signed legislation on Monday empowering state law enforcement to arrest persons suspected of unlawfully crossing the US-Mexico border, giving local cops powers traditionally delegated to the federal government in a move that is expected to spark legal challenges.
SB4 Takes Center Stage in March
According to the law known as SB4, which will take effect in March and make it a new state crime to enter or re-enter Texas illegally, punishment for this type of offense can range from 180 days to 20 years in prison. Texas magistrate judge will be required to order migrants to return to Mexico; and those who disobey the orders risk sentences of up to 20 years in prison.
Migrants who cross the border illegally may already be punished with unlawful entrance or re-entry under federal law, but Abbott has chastised US President Joe Biden for failing to enforce it.
Abbott Challenges Biden’s Border Policies
“Biden’s deliberate inaction has left Texas to fend for itself,” Abbott said during a press conference in front of a stretch of state-funded border wall in Brownsville, Texas.
A bill signed by Abbott allocating US$1.5 billion for border wall construction and other operations, on top of US$5 billion in state funds already set aside for border security. The Republican governor in late November signed into law a measure to increase penalties for human smuggling.
Since Democrat Joe Biden assumed office in 2021, an unprecedented number of migrants have been apprehended attempting to enter the United States from Mexico. Republicans like Abbott accuse Biden, who is running for re-election in 2024, of undoing the restrictive policies of the front-runner for the Republican Party nomination, former President Donald Trump.
Border Security Restrictions Delay Foreign Aid
Republicans in the United States Congress have indicated they would not accept a foreign assistance package that includes military cash for Ukraine and Israel unless it contains severe new border security restrictions, putting the aid on hold while a group of senators tries to reach an agreement.
Moreover, half of the 5.8 million migrant arrests were made under Biden occurred in Texas and adjacent New Mexico, straining border communities’ resources at times.
Under Operation Lone Star, Texas has tried a variety of methods to dissuade illegal border crossings, including deploying National Guard troops to the border, barricading migrants with lethal concertina wire, and erecting a floating barrier across the Rio Grande.
Texas must remove the floating barrier as appealed by a three-judge panel of 5th US circuit court. Although Texas is seeking a review by the full court.
To relieve the load on its border cities and put pressure on Democrats, the state has bused thousands of migrants to Democrat-controlled areas further north. However, the migrants crossing have still remained the same.
ACLU’s Legal Challenge: SB4 Faces Lawsuit
The American Civil Liberties Union of Texas’ executive director, Oni Blair, has vowed to sue over SB 4, claiming that it “overrides federal immigration law” and “fuels racial profiling.”
In 2012, Supreme court partially struck down the Arizona law, including a provision that allowed state officials to arrest person suspected of being in US illegally.
The 2012 verdict stated that the clause was in contrast with federal law, which took precedence, and that the US immigration system established by Congress did not ordinarily permit state officials to undertake warrantless arrests of anyone suspected of being in the country unlawfully.