Del Rio, Texas – A federal judge in Texas has issued a preliminary injunction blocking a controversial state law that granted police wide-ranging powers to arrest migrants suspected of unlawfully entering the United States. The ruling represents a victory for the Biden administration in its ongoing dispute with Republican Governor Greg Abbott over immigration enforcement.
The law, which was set to take effect on March 5, drew comparisons to Arizona’s “Show Me Your Papers” law of 2010. However, the U.S. Supreme Court partially struck down the Arizona law, leading some Texas Republican leaders to call for a reconsideration of that ruling. U.S. District Judge David Ezra cited the supremacy clause of the Constitution and previous Supreme Court decisions as contributing factors in his decision. He argued that the Texas law would conflict with federal immigration law, as well as the nation’s foreign relations and treaty obligations.
In response to the judge’s ruling, the office of Texas Attorney General Ken Paxton immediately appealed, asserting the state’s right to defend itself against drug smugglers, human traffickers, and illegal immigrants crossing the border due to the Biden administration’s policies. Texas and the Biden administration have been engaged in multiple legal battles concerning the state’s authority to prevent migrants from entering the country.
The law, known as Senate Bill 4, would have empowered state law enforcement officers to detain individuals suspected of entering the country unlawfully. Once in custody, these individuals could either agree to leave the country according to a Texas judge’s order or face a misdemeanor charge for their illegal entry. Failure to comply with the order could result in a felony charge upon subsequent arrest.
During a hearing in mid-February, Judge Ezra expressed skepticism about the state’s arguments and voiced sympathy for the concerns raised by Governor Abbott and other state officials regarding the high number of illegal crossings. However, Ezra also cautioned against allowing individual states to enforce their own immigration laws, comparing it to the circumstances that led to the Civil War.
Civil rights groups, who also filed a lawsuit against the state, have raised concerns about potential civil rights violations and racial profiling resulting from the law. Supporters of the law, mostly Republicans, have emphasized that it would primarily target individuals at the border with Mexico and that it would not apply to immigrants already residing in the U.S. due to the statute of limitations for the illegal entry charge.
Tensions between Texas and the Biden administration have remained high this year as they clash over border patrol and enforcement strategies. Texas has taken various measures, such as installing a floating barrier in the Rio Grande and placing razor wire along the border, to address what Governor Abbott perceives as a lack of federal enforcement of immigration laws.
The legal battle surrounding the Texas law reflects the ongoing national debate over immigration and the respective roles of states and the federal government in enforcement. As the case proceeds with an appeal, the fate of Texas’ attempts to impose stricter immigration measures remains uncertain.