Texas Governor Signs Bill Allowing Police to Arrest Illegal Immigrants

Texas Governor Greg Abbott is set to sign Senate Bill 4 (SB 4), a significant immigration law that introduces new measures for handling illegal border crossings. This bill has been approved by Texas lawmakers and is poised to become state law, marking a notable shift in the state’s approach to immigration enforcement.

Key Features of Senate Bill 4

• Criminalization of Illegal Border Crossings: SB 4 makes it a state crime to cross the Texas-Mexico border illegally, specifically between ports of entry. It empowers Texas police to arrest individuals who are suspected of crossing the border illegally.
• Penalties and Judicial Orders: The bill categorizes illegal border crossing as a Class B misdemeanor, punishable by up to six months in jail. Repeat offenders could face more severe charges, including second-degree felonies with potential prison sentences ranging from two to 20 years. Judges have the discretion to drop charges if a migrant agrees to return to Mexico. Convicted individuals, upon serving their sentence, may be ordered by a judge to return to Mexico, facing a felony charge for refusal.
• Exemptions and Police Discretion: SB 4 prohibits the arrest of migrants in certain locations such as schools, places of worship, healthcare facilities, and sites providing forensic medical examinations to sexual assault survivors. It also allows police to hand over migrant families to Border Patrol agents, avoiding child-parent separation.
• Statewide Applicability: The law targets recent border crossers rather than undocumented immigrants who have been in Texas for an extended period. The statute of limitations for misdemeanor crimes is two years in Texas, and three years for many felonies. Thus, immigrants who have been in the state longer than these periods cannot be charged with this state crime. The bill does not confine arrests to the border area, allowing police to arrest undocumented immigrants anywhere in the state.

Controversies and Legal Considerations

• Debate over Constitutionality: The bill has sparked intense debate. Opponents argue that it could lead to racial profiling, while supporters believe it’s necessary due to inadequate federal action on illegal immigration. There are questions about the bill’s constitutionality, as federal courts, including the U.S. Supreme Court, have historically ruled that immigration enforcement is a federal responsibility.
• Potential for Supreme Court Challenge: Some Texas Republicans have expressed hopes that the law could lead to a Supreme Court showdown, seeking to challenge previous rulings on state involvement in immigration enforcement.

Implications for Asylum Seekers and International Relations

• Impact on Asylum Claims: Asylum seekers, who have up to a year to request asylum after entering the U.S., could be negatively impacted by this law. An arrest under SB 4 could potentially disqualify their asylum applications due to criminal history considerations.
• International Response: The Biden administration has not commented on SB 4. However, the Mexican government has expressed its categorical rejection of any measures that allow state or local authorities to detain and return nationals or foreigners to Mexican territory, highlighting the lack of a diplomatic relationship between Texas and Mexico.

The bill, scheduled to take effect in early March, represents a significant change in Texas’ approach to border security and immigration, with potential national and international ramifications.