Texas to arrest illegal migrants in challenge to federal government

Texas has enacted a law that will make border crossings illegal and punishable with jail time, one of the toughest immigration laws passed by any US state in modern times.

Governor Greg Abbott, a Republican, said it would “stop the tidal wave of illegal entry into Texas”.

Immigrants rights groups have sued Texas to stop the law’s enforcement.

It comes amid rising illegal migration and public concern over US President Joe Biden’s handling of the border.

In practice, the law allows local and state police officers to stop and arrest anyone suspected of having crossed the border illegally, except in schools and hospitals.

Punishments range from misdemeanours to felonies that can lead to jail time or fines of up to $2,000 (£1,580).

A judge can also order that those arrested be sent back across the border into Mexico, although it is unclear how Texas authorities plan to enforce that provision.

Penalties for illegal re-entry could go up to 20 years in jail, depending on a migrant’s immigration and criminal history.

Crossing the border illegally is already a federal crime, but violations are currently handled as civil cases by the immigration court system.

One of the key debates over the law is whether state governments can create such measures. US courts have previously ruled that only the federal government can enforce immigration laws.

This measure has received heavy criticism from Democratic lawmakers and Mexico’s government, and it was a near certainty that it would face legal challenges from immigration advocates.

The American Civil Liberties Union (ACLU) of Texas and Texas Civil Rights Project filed a lawsuit against the state on behalf of El Paso County and two immigrants rights organisations that operate in Texas the day after the law was signed by Governor Abbott.

The ACLU argues in its lawsuit that the legislation is unconstitutional and burdensome to local governments.

The lawsuit estimates that SB4 could result in 8,000 arrests each year in El Paso county alone – a potentially costly strain on the local court and jail system.

The groups involved are asking for a federal judge to intervene, declare it unlawful and stop it from being enforced.

“SB4 lets police arrest people over ‘suspicions’ about immigration status and judges deport people without due process,” the ACLU of Texas wrote on X, the platform formerly known as Twitter. “This is unconstitutional and will harm black and brown Texans the most.”

On Tuesday, Mexican President Andrés Manuel López Obrador vowed his government would also challenge the law, characterising it as a misguided ploy for Governor Abbott to “win popularity”.

White House spokesperson Angelo Fernández Hernández said that “generally speaking, the federal government – not individual states – is charged with determining how and when to remove noncitizens for violating immigration laws”.

The BBC has contacted the justice department – which would be responsible for filing any federal legal action against Texas – for comment.

Border and immigration issues have become a political headache for President Biden.

During the 2022 fiscal year that ended in September, a total of 2.4 million migrant “encounters” were registered at the border, a record high.

Republicans lawmakers have sought to use US military aid to Ukraine as leverage to secure policies to crack down on illegal immigration.