On Monday, Texas Governor Greg Abbott signed a bill into law that criminalizes illegal entry into the state from any location other than a port of entry, thereby extending state jurisdiction over a matter usually dealt with by the federal government.
The statute introduces a misdemeanor charge for violation, and a felony charge for multiple offenses. Interestingly, the law enables state magistrate judges to hear immigration cases, authorizing them to issue removal orders and assigning law enforcement the duty of ensuring adherence to the new regulation.
The law consists of several exceptions to enforcement locations, including places of worship, schools, health care facilities, and services for sexual assault survivors.
An additional bill, Senate Bill 3, also became law, providing over $1.5 billion for costs associated with implementing the new immigration law.
This move is the most recent in a series of legal face-offs between Texas and the federal government over illegal immigration. Earlier this year, Governor Abbott won a court case over a 1,000-foot-long floating barrier installed in the Rio Grande to deter border crossings.
A precedent of this legal development can be traced back to 2010 when a similar law was enacted in Arizona before being overruled in Arizona v. US. Here, the US Supreme Court ruled that federal law takes precedence over state attempts to criminalize and enforce immigration laws.
The laws have received immediate backlash, with Texas Democrats labeling the bill as “the most extreme anti-immigrant state bill in the United States.” Immigrant rights groups have also filed lawsuits against the statute. Conversely, Governor Abbott has lauded the bill as a defense against unrestrained illegal entry into Texas, citing Biden administration policies as the root cause of mass migration.
Mexican President Andres Manuel Lopez Obrador described the bill as violating the rights of migrants to due process. He firmly stated that “the Government of Mexico categorically rejects any measure that allows state or local authorities to detain and return nationals or foreigners to Mexican territory.”
Undocumented immigration to the US has seen a significant increase in recent years. In 2023, the US experienced an influx of 2.5 million migrants, surpassing the previous year’s figures. Notably, the demographics of incoming migrants have seen a shift, with higher numbers of Venezuelans and families, along with increased migration from certain Central American countries.