McALLEN.- The plan of Texas to arrest migrants crossing the border between Mexico and USA without authorization is suspended while the Supreme Court is considering an appeal against Republican Gov. Greg Abbott’s most recent action.
The highest court put the law on hold after a lawsuit filed by the Justice Department, which argues that Texas overrides the federal government’s immigration authority. Under the law, any police officer in Texas could arrest migrants who enter the country illegally and a judge could order them to leave the United States.
Judge Samuel Alito ordered a stay until Monday at 5 p.m. Eastern Time (2200 GMT), when the law could potentially go into effect.
A federal judge in Texas blocked the law last month with a ruling that called it a violation of the supremacy clause of the U.S. Constitution. Texas quickly appealed the ruling and argued that it has the right to take action on what Abbott has described as an “invasion” of migrants at the border.
Here’s a look at the law soon to be passed in Texas:
Who can be arrested?
The law Abbott signed into law in December allows any Texas agent to arrest people they suspect have entered the country illegally. Once detained, migrants can accept an order from a Texas judge to leave the United States or be prosecuted on misdemeanor illegal entry charges. Migrants who do not leave can be rearrested on more serious crime charges.
Arresting officers must have probable cause, such as witnessing the trespass or seeing it on video.
The law cannot apply to people lawfully present in the United States, including those who have received asylum or are enrolled in the Consideration of Deferred Action for Childhood Arrivals program.
Critics, including Mexican President Andrés Manuel López Obrador, say the law could lead to racial pigeonholing and family separation. American Civil Liberties Union chapters in Texas and some surrounding states issued a travel warning for a possible threat to civil and constitutional rights when passing through Texas.
Abbott has rejected concerns about typecasting. While signing the bill, he noted that police officers and members of the National Guard at the border can see migrants crossing illegally “with their own eyes.”
Where can the law be applied?
The law can apply in any of Texas’ 254 counties, including those hundreds of miles from the border.
However, Republican state Rep. David Spiller, the law’s author, said he expects the vast majority of arrests to occur within 50 miles (80 kilometers) of the U.S.-Mexico border. The head of the Texas State Police expressed similar expectations.
Some places are off limits. No one can be arrested in public and private schools, places of worship, and hospitals or other health care facilities, including where sexual assault forensic examinations are conducted.
Under the law, migrants who are ordered to leave must be sent to entry points along the Mexico-U.S. border, even if they are not Mexican citizens.
Amrutha Jindal, executive director of the Lone Star Defenders office, said her organization anticipates the law being applied in border counties. Her office already represents migrants who have been arrested since 2021 under a more limited Texas operation that has charged thousands of migrants trespassing on private property.
Is the law constitutional?
The Justice Department, legal experts and immigrant rights groups have said the measure clearly conflicts with the federal government’s authority to regulate immigration.
Federal Judge David Ezra, appointed by then-President Ronald Reagan, agreed in a 114-page order. He added that the law could hamper U.S. foreign relations and treaty obligations.
Opponents have called the measure the most drastic attempt by a state to police immigration since a 2010 Arizona law, denounced by critics as the “show me your papers” law, which was largely struck down by the U.S. Supreme Court. Joined. Ezra cited the 2012 Supreme Court ruling in his decision.
Texas has argued that the law reflects federal law rather than contradicts it.
What happens at the border?
Arrests for illegal crossings along the southern border fell by half in January after reaching a record number in December. Border Patrol officials attributed the change to seasonal declines and increased scrutiny by the United States and its allies.
However, the relationship between Texas and Joe Biden’s government remains tense. In the border city of Eagle Pass, Texas, members of the National Guard have closed Border Patrol agents’ access to a waterfront park.
Other Republican governors have expressed support for Abbott, who said the federal government has not done enough to enforce immigration laws. Other measures implemented by Texas include a floating barrier on the Rio Grande and barbed wire along the border.
Source: With information from AP
