Can Texas enforce its own immigration law?
The federal government is in charge of border security. Gov. Greg Abbott has other ideas.
Texas is taking immigration law into its own hands.
Gov. Greg Abbott this week signed a bill, SB 4, that gives police in the Lone Star State the authority to arrest undocumented migrants — who would then either be prosecuted or shipped back out of the country. For Abbott, a Republican, it's another opportunity to challenge President Joe Biden's handling of border security issues. The president's "deliberate inaction has left Texas to fend for itself," the governor said at the bill-signing ceremony in Brownsville.
But the law is also potentially "an earthquake for the legal status quo," The Texas Observer reported. Why? Because the federal government typically has authority over immigration and border issues in the United States. "What the Texas Legislature has passed is unprecedented in that it is a complete override of the federal government's authority in immigration," said Adriana Piñon of the Texas ACLU.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
This means the new law has "set the stage for another showdown" over who gets to control America's borders, The Hill reported. The Supreme Court in 2012 struck down an Arizona law that let it arrest migrants. But the current 6-3 conservative majority on the court may have different ideas. Abbot is eager to test the proposition. Texas, he said, would "welcome a Supreme Court decision that would overturn the precedent set in the Arizona case."
What the commentators said
Enforcing the new law is going to be messy, Jeronimo Cortina and Samantha Chapa argued at The Houston Chronicle. It will require officers to ask residents about their immigration status, making it likely they will "disproportionately target ordinary Americans based on the color of their skin and the presumption of their immigration status." The real purpose of the new law, though, is politics. "Immigration as a campaign issue, in an era of extreme partisan polarization, works well for both Republicans and Democrats."
The law "doesn't have a prayer of actually solving the crisis," Conn Carroll wrote at The Washington Examiner. Tougher border enforcement "sounds great on paper," but the devil is in the details: "Texas has no way to force immigrants to go back to Mexico." The state doesn't have an agreement with Mexican authorities to accept custody of arrestees. More than that, it would take "a massive amount of resources" to arrest all the migrants flowing through the state. It's going to take federal action to solve the problem.
The federal government "may have the better legal argument" against the new Texas law, Andrew R. Arthur blogged for the Center for Immigration Studies, a "low immigration" think tank. But Abbott may have the better "factual" case: "Voters are increasingly dissatisfied with the chaos at the Southwest border." Which means that if the federal government does challenge Texas in court, it won't just be the new law on trial. "The president's immigration and border policies will be at issue as much as the language of SB 4 itself."
What next?
That challenge has already arrived. CNN reported The American Civil Liberties Union, the ACLU of Texas, and the Texas Civil Rights Project have already filed a lawsuit asserting that "immigration is a quintessentially federal authority." And the White House is also contemplating action, though an administration spokesperson made it clear President Biden isn't happy with the Texas effort. The law, Karine Jean-Pierre said, "will not, and does not, make the communities in Texas safer." Mexican President Andres Manuel Lopez Obrador agreed, this week calling the law "inhumane." "The foreign ministry is already working on the process to challenge this law," he said.
Despite the Arizona precedent, though, the Biden administration might face challenges if it tries to stop the law. The Hill reported this week that a federal appellate judge had blocked a federal challenge to another Texas effort — the state's placement of razor wire barriers at the border.
The law takes effect in March.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joel Mathis is a freelance writer who has spent nine years as a syndicated columnist, co-writing the RedBlueAmerica column as the liberal half of a point-counterpoint duo. His work also regularly appears in National Geographic, The Kansas City Star and Heatmap News. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
5 high-caliber cartoons about Kristi Noem shooting her puppy
Cartoons Artists take on the rainbow bridge, a farm upstate, and more
By The Week US Published
-
The Week Unwrapped: Why is the world running low on blood?
Podcast Scientists believe universal donor blood is within reach – plus, the row over an immersive D-Day simulation, and an Ozempic faux pas
By The Week Staff Published
-
Rishi Sunak's asylum spat with Ireland explained
In Depth Irish government plans to override court ruling that the UK is unsafe for asylum seekers
By The Week UK Published
-
'A financial windfall for Iranian terrorism'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Biden tackles campus protests, deplores 'chaos'
Speed Read Students have a "right to protest but not a right to cause chaos," the president said
By Rafi Schwartz, The Week US Published
-
'Box Trump in for real if he pulls another stunt. Put him behind bars.'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
'Can we — the people who have bought so much already — really keep buying more?'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Coming to America
Opinion Why the melting pot should be a source of national pride
By Theunis Bates Published
-
'Presidential debates are more performance art than actual ways to inform'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
'Biden is smart to keep the border-security pressure on'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
'Voters know Biden and Trump all too well'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published