Texas just approved one of the strictest immigration laws any US state has ever passed, making crossing the border illegal and subject to jail time.
According to Republican Governor Greg Abbott, it will “stop the tidal wave of illegal entry into Texas”.
Advocates for immigration have claimed that racial profiling will result from the bill.
It occurs in the midst of growing undocumented immigration and widespread unease about US President Joe Biden’s border management.
One reason the new Texas legislation is so divisive is that US courts have held in the past that immigration rules can only be enforced by the federal government.
Although it is already illegal to cross the border, the immigration court system now handles transgressions as civil proceedings.
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The Republican-led legislature of Texas enacted SB4 in both of its houses in November, and it is scheduled to take effect in March.
With the exception of schools and hospitals, local and state police are authorized by law to stop and detain anyone who they believe has crossed the border unlawfully.
Penalties vary from infractions to serious crimes, which carry sentences up to two years in prison or fines of up to $2,000 (£1,580).
- The Afghans stranded at the border attempting to enter the US;
- The situation in Mexico that is felt in Ukraine
Judges have the authority to order the return of persons who have been apprehended to Mexico, though it is unclear how Texas officials intend to carry out this particular clause.
Re-entry without authorization carries fines of up to 20 years in prison, dependent on the immigration and criminal records of the individual.
Lieutenant Governor Dan Patrick of Texas declared in November that the bill was “the strongest border security bill Texas has ever passed” and that it would “keep Texas safe”.
However, immigration supporters will virtually definitely oppose SB4 in court. The Mexican government and Democratic senators have also criticized the bill.
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Watch: As the immigration debate intensifies, a peek at the US border
According to American Civil Liberties Union senior border policy counsel Sarah Mehta, “laws like these result in the unlawful racial profiling, arrest and detention of both US citizens and immigrants” in October.
“Generally speaking, the federal government – not individual states – is charged with determining how and when to remove noncitizens for violating immigration laws,” stated Angelo Fernández Hernández, a spokesman for the White House.
The Justice Department, which would be in charge of bringing any federal legal action against Texas, has been approached by the BBC for comment.
President Biden is now dealing with political headaches related to border and immigration concerns.
At the border, 2.4 million migrant “encounters” were recorded in the fiscal year 2022, which concluded in September – a record number.
Republicans in Congress have attempted to secure laws toughening up on illegal immigration by using US military assistance to Ukraine as leverage.
