Texas House Approves Strict Immigration Bill Enabling Migrant Arrests
- The Texas House of Representatives has voted in favor of an immigration law known as SB 4, which is considered one of the strictest in the country. The bill creates two new state crimes for migrants who enter or re-enter the state illegally, which are punishable with up to two years in prison.
- The law authorizes local and state law enforcement officials to arrest migrants they suspect of unlawfully crossing into Texas, and allows judges the option to order some migrants to return to their country of origin instead of pursuing prosecution. If migrants refuse to comply with an order to return, they could face up to 20 years in prison. However, concerns have been raised about potential racial profiling and circumvention of protections for asylum seekers.
- The bill has sparked international dispute concerns with Mexico, as migrants could be sent across the southern border regardless of their legal status. It could also prompt a challenge of the 2012 Supreme Court decision in Arizona v. United States, which upheld the federal government’s authority over immigration enforcement. Some lawmakers argue that the bill undermines the Constitution by challenging the federal government’s jurisdiction over the removal of migrants.
Texas House Passes Controversial Immigration Law
The Texas House of Representatives approved one of the country’s strictest immigration laws on Tuesday evening, sparking potential legal challenges and international disputes, particularly with Mexico. The bill is now awaiting Texas Gov. Greg Abbott’s endorsement.
State Rep. Jolanda Jones criticized the bill, referred to as SB 4, labeling its supporters “racist”. The bill was part of the fourth round of a special legislative session initiated by Gov. Abbott to review multiple immigration-related bills. SB 4 introduces two new state crimes for migrants who unlawfully enter Texas, potentially leading to two years in prison.
SB 4 grants local and state law enforcement the power to arrest suspected illegal migrants, even allowing some to be returned to their home countries rather than facing prosecution. Noncompliant migrants risk a second-degree felony charge and up to 20 years imprisonment.
Immigrant rights advocates express fear that SB 4 will lead to racial profiling and bypass asylum seekers’ constitutional and international rights. The bill does not include funding or requirements for training officers on immigration law, which is concerning given their new authority over immigration status assessments.
Other worries include the potential for family separation if parents are arrested under these new state crimes. Aron Thorn from Texas Civil Rights Project, warns of potential lawsuits and international disputes with Mexico as the bill could lead to the expulsion of migrants regardless of their legal status in that country.
Opponents also suggest the bill may challenge the 2012 Supreme Court decision in Arizona v. United States, which affirmed the federal government’s exclusive authority over immigration enforcement. This case involved a similar law authorizing police to question and arrest migrants about their immigration status.
Thorn reiterates concerns about racial profiling, suggesting that SB 4’s exclusive application to undocumented immigrants will cause law enforcement to use race as a justification for apprehension. The Department of Homeland Security declined to comment specifically on Texas’ proposed legislation, but emphasized that the federal government is responsible for the removal of noncitizens.
SB 4 has undergone several rounds of revision in past sessions without reaching the governor’s desk. These have been marked by strong opposition from Democrats and disputes among Republicans. Last week, Republican state Sen. Brian Birdwell, author of a previous version of the bill, argued that this version challenges federal jurisdiction over migrant removal and sets a “terrible precedent” by violating the constitution.
State Sen. Charles Perry, the current author of the bill, defended its legality, arguing that the state has the right to protect its citizens and the nation expects Texas to uphold this responsibility.
—
Read More USA News
Leave a Comment