Texas’ Migrant Arrest Law Put Back on Hold After a Brief Period in Effect

Texas’ plans to arrest migrants suspected of entering the U.S. illegally were put on hold again on Wednesday, causing uncertainty along the border and anger from Mexico. The law had briefly gone into effect, but a late-night order from a 5th U.S. Circuit Court of Appeals panel paused Texas’ aggressive border enforcement expansion. Earlier in the day, the Supreme Court had allowed the law, a win for Republican Gov. Greg Abbott and other GOP lawmakers pushing for similar measures in other states.

However, in a 2-1 order, the appeals court panel halted the Texas law once more, pending oral arguments scheduled for Wednesday. It is uncertain when a final decision will be made.

During the brief time the law was in effect on Tuesday, no arrests were announced, and it was unclear if it was actively being enforced. Sheriff Brad Coe of Kinney County, near Del Rio, supported the arrest powers but stated that deputies would require probable cause before taking action.

The Supreme Court did not rule on the merits of the law but sent the challenge led by the Justice Department back to the lower appeals court. The latest appeals court order reinstated an injunction issued by U.S. District Judge David Ezra, who criticized the law on multiple grounds, including concerns about U.S. foreign relations.

Under the Texas law, individuals arrested for illegal entry can either leave the U.S. or face prosecution. Mexico’s Foreign Affairs Secretary stated that Mexico would not accept anyone ordered to cross the border back into their country.

The impact of the law goes beyond the Texas border, with other GOP-led states considering similar measures. In Iowa, legislation granting state law enforcement the power to arrest those in the U.S. unlawfully was approved by the state House and awaits the governor’s signature.

El Paso County Judge Ricardo Samaniego argued that immigration enforcement should remain a federal responsibility, echoing the Biden administration’s stance. Sheriffs’ offices in Texas have been preparing to enforce the law, although challenges are expected due to the complexity and resource requirements.

The number of arrests for illegal crossings has decreased, with significant drops in Texas following the enforcement measures. Tucson, Arizona, has emerged as a busy corridor for illegal crossings in recent months.

President Biden credited Mexico for the decline in arrests during his recent visit to the Rio Grande Valley, citing increased enforcement efforts on the Mexican side of the border.