Texas Police Given Authority to Arrest Illegal Immigrants Under New Law

Republican Gov. Greg Abbott of Texas has signed a new law that grants sweeping powers to police in order to arrest those who cross the border illegally and gives local judges the authority to order them to leave the country.

Critics have compared the measure to Arizona’s 2010 law, known as the “Show Me Your Papers” bill, which was largely struck down by the U.S. Supreme Court. Texas’ law is expected to face legal challenges as well.

In addition, U.S. Customs and Border Protection temporarily shut down two railroad border crossings in Texas to relocate officers to assist with processing migrants, leading to concerns about trade disruptions ahead of Christmas.

Under the new law, any Texas law enforcement officer can arrest individuals suspected of entering the country illegally. These individuals can then agree to a Texas judge’s order to leave the U.S. or face prosecution on misdemeanor charges of illegal entry. Those who do not comply could be arrested again on more serious felony charges.

Legal experts view the measure as a violation of the U.S. government’s authority over immigration enforcement, and Mexico’s government has also criticized the law. Some immigrant rights groups have expressed dissatisfaction with President Joe Biden for not intervening in Texas’ aggressive border measures sooner.

Thirty former U.S. immigration judges, who served under both Republican and Democratic administrations, have condemned the law as unconstitutional.

During the Texas House debate, GOP state Rep. David Spiller stated that enforcement would primarily occur in border counties, pushing back against concerns that the law would be used as a statewide dragnet for arresting immigrants.

Mexico is required to accept deportations of its own citizens under bilateral and international agreements, but not those of individuals from other countries. However, under the Texas law, migrants ordered to leave would be sent to ports of entry along the border with Mexico, even if they are not Mexican citizens.

Opponents have accused Texas Republicans of using the law to compel the new conservative majority in the Supreme Court to revisit the landmark Arizona decision in 2012.