Texas to arrest individuals suspected of crossing the US-Mexico border without proper authorisation

Texas Governor Greg Abbott has signed into law SB 4, granting state law enforcement the authority to arrest individuals suspected of crossing the US-Mexico border without proper authorization. The law, effective from March 2024, establishes a new state offense for illegal entry or re-entry into Texas, with penalties ranging from 180 days in jail to a 20-year prison term. Magistrate judges are mandated to instruct migrants to return to Mexico, and non-compliance could result in severe consequences, potentially a two-decade sentence.

Governor Abbott cited President Joe Biden’s “deliberate inaction” as the reason for the state’s independent action, emphasizing that Texas is left to fend for itself in matters of border security. Additionally, Abbott signed a bill allocating $1.5 billion for border wall construction and associated operations, supplementing the $5 billion in state funds already appropriated for border enforcement.

This move comes after Governor Abbott signed a late November law increasing penalties for human smuggling. The American Civil Liberties Union of Texas, represented by Executive Director Oni Blair, has threatened to sue Texas over SB 4, arguing that the law overrides federal immigration laws and fuels racial profiling.

The legal battles over SB 4 evoke memories of a 2012 case where the US Supreme Court struck down parts of a similar Arizona law, including provisions allowing state officers to arrest individuals suspected of being in the US illegally.

The surge in migrants crossing the US-Mexico border since President Biden assumed office has become a contentious issue. Governor Abbott and other Republicans attribute the increase to the dismantling of stringent policies implemented by former President Donald Trump. In response, Abbott and fellow Republicans bussed thousands of migrants to Democrat-controlled cities as a form of protest. Operation Lone Star, initiated by Texas, employed various deterrents, including National Guard deployment, concertina wire barriers, and a controversial floating barrier over a section of the Rio Grande. However, a recent ruling by a three-judge panel of the 5th US Circuit Court of Appeals mandated the removal of the floating barrier, with the state seeking a review.