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.
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 writer with 30 years of newspaper and online journalism experience. His work also regularly appears in National Geographic and The Kansas City Star. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
Deportations ensnare migrant families, U.S. citizens
Feature Trump's deportation crackdown is sweeping up more than just immigrants as ICE targets citizens, judges and nursing mothers
-
Trump shrugs off warnings over trade war costs
Feature Trump's tariffs are spiraling the U.S. toward an economic crisis as shipments slow down—and China doesn't plan to back down
-
A newly created gasoline giant in the Americas could change the industry landscape
The Explainer Sunoco and Parkland are two of the biggest fuel suppliers in the US and Canada, respectively
-
Deportations ensnare migrant families, U.S. citizens
Feature Trump's deportation crackdown is sweeping up more than just immigrants as ICE targets citizens, judges and nursing mothers
-
Trump is not sure he must follow the Constitution
speed read When asked about due process for migrants in a TV interview, President Trump said he didn't know whether he had to uphold the Fifth Amendment
-
Trump judge bars deportations under 1798 law
speed read A Trump appointee has ruled that the president's use of a wartime act for deportations is illegal
-
How could Trump ending a VA mortgage program leave veterans on the streets?
Today's Big Question Vets could face foreclosure as a result of the White House's actions
-
'It is not enough to simply defend the status quo'
Instant Opinion Opinion, comment and editorials of the day
-
Trump says he could bring back Ábgego García but won't
Speed Read At a rally to mark his 100th day in office, the president doubled down on his unpopular immigration and economic policies
-
'We are not safer by sacrificing others'
instant opinion Opinion, comment and editorials of the day
-
Why is Crimea a sticking point between Russia and Ukraine?
Today's Big Question Questions over control of the Black Sea peninsula are stymying the peace process