Senior Reporter 
The Controversial Law on Illegal Entry and Migrant Deportation – A new law in Texas has given the state the authority to arrest, detain, and deport people who enter the United States illegally through the border with Mexico.
The Controversial Law on Illegal Entry and Migrant Deportation – A new law in Texas has given the state the authority to arrest, detain, and deport people who enter the United States illegally through the border with Mexico. However, this law is currently on hold while a federal appeals court reviews it. The Department of Justice has sued the state, arguing that Texas is overstepping the federal government’s authority over immigration.
Who Can Be Arrested for Illegal Entry?
Under this law, any Texas law enforcement officer can arrest individuals suspected of entering the country illegally. Officers must have probable cause, such as witnessing the illegal entry or having video evidence. Once arrested, migrants can either agree to a judge’s order to leave the U.S. or face misdemeanour charges for illegal entry. If they don’t leave, they could be arrested again and charged with more serious felony offences.
The law cannot be enforced against people lawfully present in the U.S., including those granted asylum or enrolled in the Deferred Action for Childhood Arrivals (DACA) program. Critics fear the law could lead to racial profiling and family separation, but Texas Governor Greg Abbott has dismissed these concerns.
Enforcement Locations and Migrant Deportation
The law can be enforced in any of Texas’ 254 counties, even those far from the border. However, most arrests are expected to occur within 50 miles of the U.S.-Mexico border. Certain locations, like schools, places of worship, and hospitals, are off-limits for arrests.
Migrants ordered to leave would be sent to ports of entry along the border, even if they were not Mexican citizens. Mexico has stated it will not accept the return of any migrants to its territory from Texas.
Constitutionality Concerns: State vs Federal Powers
The Supreme Court’s decision to temporarily allow the law did not address its constitutionality. The Justice Department, legal experts, and immigrant rights groups argue that the law conflicts with the federal government’s authority to regulate immigration.
A federal judge agreed, ruling that the law could hamper U.S. foreign relations and treaty obligations. Opponents have called it the most dramatic attempt by a state to police immigration since Arizona’s controversial “Show Me Your Papers” law in 2010, which was largely struck down by the Supreme Court.
Texas argues that the law mirrors federal law instead of conflicting with it.
Border Situation and Immigration Enforcement
Arrests for illegal crossings along the southern border decreased by half in January from record highs in December. The federal government attributes this shift to seasonal declines and heightened enforcement by the U.S. and its allies.
Tensions remain between Texas and the Biden administration. In Eagle Pass, Texas National Guard members have prevented Border Patrol agents from accessing a riverfront park. Texas has implemented other measures, such as a floating barrier in the Rio Grande and razor wire along the border.
Republican governors have expressed support for Abbott, who believes the federal government is not doing enough to enforce immigration laws.
