One of the strictest state immigration laws in recent U.S. history was signed into law by Republican Texas Governor Greg Abbott on Monday. It gives state authorities the power to detain and potentially deport individuals who are believed to have crossed the border into Mexico without authorization.
Texas law enforcement officials now have the authority to stop, arrest, and detain migrants on new, state-level charges of illegal entry, thanks to a law known as SB4. Additionally, though it’s unclear how this provision could be implemented, state judges have the authority to issue de facto deportation orders against individuals who are suspected of breaking the law.
Texas enacted SB4 in 2017, which forbade local government and police chiefs from directing specific officers or deputies to concentrate on high-priority crimes and refrain from questioning community members about their immigration status. It will now be even harder for local government and heads of law enforcement to make sure individual officers are not participating in racial profiling and unlawful discrimination, thanks to this law and SB4 from the 4th Special Session of 2023.
SB4, which was passed by the Texas legislature earlier this year, is an unprecedented attempt by the state to interfere with immigration and border security, two long-standing federal rights. That will almost certainly lead to a high-stakes legal and political conflict with the Biden administration as well as civil rights organizations.
“The objective of Senate Bill 4 is to halt the flood of unauthorized immigration into Texas,” Abbott declared during a border signing event in Brownsville. “Senate Bill 4 is now law in the state of Texas.”
When does the law take effect?
When questioned about SB4, White House spokesperson Angelo Fernández Hernández stated, “This is an extreme law that will make communities in Texas less safe. Generally speaking, the federal government—not individual states—is charged with determining how and when to remove noncitizens for violating immigration laws.”
The Justice Department, which would take the lead in bringing any lawsuit against Texas, did not respond to requests for comment.
Additionally, Texas is attempting to challenge Democratic President Biden on immigration with this law. Tens of thousands of migrants have been bused from Texas to Democratic-led cities like Chicago and New York under Abbott’s orders. Additionally, he has given state troopers and members of the National Guard orders to use razor wire, floating barriers, and trespassing arrests to repel migrants.
SB4 is more expansive than SB 1070, an Arizona law that was controversial in 2010 and penalized undocumented immigrants in various ways, including enabling state police to stop people who are thought to be in the country illegally. Stephen Yale-Loehr, a professor at Cornell University and an expert on immigration, called SB4 “unprecedented.” In 2012, the Supreme Court rendered a partial ruling, holding that states were not permitted to subvert federal immigration law.
About SB4, Yale-Loehr remarked, “It’s by far the most anti-immigrant bill that I have seen.”
What does the law try to impose?
Although entering the country without authorization is already illegal, most immigration court cases involving infractions by migrants are handled as civil cases. SB4 would elevate illegal immigration from a misdemeanor to a felony in terms of state law.
Although some adult migrants have already been arrested by Texas police on state trespassing charges, this has required the permission of private property owners. The recently passed legislation wouldn’t.
SB4 would classify illegal immigration into Texas from Mexico as a misdemeanor offense, punishable by up to $2,000 in fines and 180 days in jail. Reentering Texas illegally would be considered a felony charge, carrying a maximum sentence of 2, 10, or 20 years in prison, contingent upon the migrant’s prior deportation history or conviction for specific offenses.
A clause in SB4 prohibits state agents from making migrant arrests in specific settings, such as hospitals, schools, and houses of worship.
In addition, the law would give Texas magistrates the authority to order migrants who are suspected of committing the new illegal entry or reentry crimes to return to Mexico rather than face further legal action. Anyone found to be in violation of those directives may face second-degree felony charges.
It is unclear how Texas would carry out these de facto deportation orders because only the federal government possesses the infrastructure, the manpower, and the international agreements required to deport people to other nations. The Mexican government has declared that it will oppose Texas’s attempts to bring back migrants to its borders.
Abbott and other SB4 supporters have maintained that the bill is necessary to prevent unauthorized border crossings and to rectify what they perceive to be the Biden administration’s ineffective response to the crisis. Over 2 million migrants were detained by American authorities. The greatest number of Border Patrol agents ever recorded occurred in fiscal years 2022 and 2023 along the southern border.
SB4’s opponents, however, have criticized the legislation as being unduly harsh, raising concerns that it may encourage racial profiling and create fear among immigrant communities throughout the state, not just those who are recent arrivals. Additionally, they contend that it will overburden state officials and jails, taking resources away from initiatives to apprehend serious offenders.
