Texas Implements Stringent Immigration Law; Faces Backlash and Legal Scrutiny

Testing the limits of how far Texas can go to keep migrants out of the U.S., Republican Governor Greg Abbott on Monday signed into law sweeping new powers that allow police to arrest migrants who cross the border illegally and give local judges authority to order them to leave the country.

Opponents have called the measure the most dramatic attempt by a state to police immigration since a 2010 Arizona law — denounced by critics as the “Show Me Your Papers” bill — that was largely struck down by the U.S. Supreme Court. Texas’ law is also likely to face swift legal challenges.

Immigration enforcement is a federal responsibility. But Texas Republicans have increasingly blurred those boundaries under President Joe Biden, saying his administration isn’t doing enough to stop people from entering the country illegally. Texas has bused more than 65,000 migrants to cities across America and installed razor wire along the banks of the Rio Grande, which has snagged and injured some asylum-seekers.

Separately Monday, U.S. Customs and Border Protection temporarily shut down two railroad border crossings in Texas to shift officers to helping process migrants. Rail operators said the closures at Eagle Pass and El Paso would hamper trade ahead of Christmas.

The new law signed by Abbott allows any Texas law enforcement officer to arrest people who are suspected of entering the country illegally. Once in custody, they could either then agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don’t comply could face arrest again under more serious felony charges.

Legal experts have called the measure a violation of the U.S. government’s purview over immigration enforcement. Mexico’s government also rebuked the measure. In the U.S., some immigrant rights groups have lashed out at Biden for not stopping Texas’ aggressive border measures sooner.