On September 23, 2023, in Eagle Pass, Texas, migrants who crossed the Rio Grande from Mexico were seen lining up for processing by U.S. Customs and Border Protection. On Tuesday, March 19, 2024, a divided Supreme Court lifted a stay on a Texas law granting police extensive powers to arrest migrants suspected of illegally crossing the border, amid an ongoing legal dispute over immigration authority.
Once again, Texas’ initiative to arrest migrants suspected of entering the U.S. unlawfully was halted on Wednesday, following a brief period of uncertainty along the border. Anger from Mexico surged during the fleeting hours when the law was permitted to take effect.
A late-night order issued on Tuesday by a panel from the 5th U.S. Circuit Court of Appeals temporarily suspended Texas’ ambitious state expansion into border enforcement. Earlier that day, the U.S. Supreme Court had cleared the path for the stringent immigration law, marking a triumph for Republican Governor Greg Abbott and providing encouragement to GOP legislators in other states advocating for similar measures.
However, in a subsequent 2-1 order, an appeals court panel prolonged the legal back-and-forth concerning the Texas law, once more suspending it ahead of scheduled oral arguments on Wednesday. The timeframe for the next decision remained uncertain.
While the law was briefly in effect on Tuesday, Texas authorities did not disclose any arrests or confirm whether it was being actively implemented. In Kinney County along the border, Sheriff Brad Coe expressed support for the arrest powers but emphasized that deputies would require probable cause to act.
The most recent order from the appeals court panel provided no explanation for its decision. Nonetheless, it effectively reinstated an injunction issued in February by U.S. District Judge David Ezra, who criticized the law on various grounds. In his 114-page opinion, Ezra dismissed Republicans’ assertions of an “invasion” along the southern border amid record-high illegal crossings. As an appointee of former President Ronald Reagan, Ezra also cautioned that the law could hinder U.S. foreign relations.
According to the Texas law, once individuals are detained on charges of illegal entry, they have the option to comply with a judge’s directive to depart the U.S. voluntarily or face prosecution. On Tuesday, Mexico’s Foreign Affairs Secretary issued a strongly worded statement, stating that Mexico would refuse to accept individuals ordered to return across the border.
“Mexico reiterates its legitimate right to protect the rights of its nationals in the United States and to determine its own policies regarding entry into its territory,” stated the government.
The ramifications of this law extend well beyond the borders of Texas. Republican lawmakers crafted the legislation to have statewide applicability across all 254 counties, although Steve McCraw, the director of the Texas Department of Public Safety, anticipates its primary enforcement will occur near the border.
Meanwhile, other states governed by the GOP are already considering following Texas’ lead. In Iowa, the state House granted final approval to a bill on Tuesday that would empower state law enforcement to apprehend individuals unlawfully present in the U.S. who have been previously denied entry into the country. The bill now awaits the signature of Republican Governor Kim Reynolds and, if enacted, would take effect in July.
Republican Iowa state Representative Steven Holt remarked, “The federal government has abdicated its responsibilities, and states can and must act.”
In Texas, El Paso County Judge Ricardo Samaniego, the county’s chief executive, emphasized that immigration enforcement should remain within the purview of the federal government, aligning with the viewpoint of the Biden administration. He highlighted past experiences of heightened law enforcement presence in El Paso during migrant surges, which resulted in high-speed chases and traffic stops predicated on assumptions of individuals’ immigration status.
“We experienced accidents, injuries; we got a glimpse of the potential consequences if the state takes control over immigration matters,” stated Samaniego.
Skylor Hearn, the executive director of the Sheriffs’ Association of Texas, noted that sheriffs’ offices have been undergoing training since last year. He emphasized that if a county chooses to take on immigration enforcement, it means the taxpayers within that county are also assuming the responsibility. Hearn added, “As long as the federal government fulfills its obligations, it’s ideal for them to handle the custody and possession of these individuals.”
Daniel Morales, an associate professor of law at the University of Houston Law Center, expressed skepticism about the feasibility of enforcing the Texas law, stating, “It will be a mess, very clearly, to enforce.” He pointed out that while Governor Greg Abbott seems eager to enforce the law for political gains, the state may lack the necessary resources and capacity. Morales anticipated that enforcement would be “difficult and taxing” for Texas.
In January, arrests for illegal crossings dropped by half from a record high of 250,000 in December, particularly in Texas. The Border Patrol’s Del Rio sector, which Abbott’s enforcement focuses on, saw a 76% decrease in arrests from December. Additionally, the Rio Grande Valley, the busiest corridor for illegal crossings over the last decade, reported its lowest number of arrests since June 2020.
In recent months, Tucson, Arizona, has emerged as the busiest corridor for illegal crossings, with San Diego following suit in January. However, the reasons behind sudden shifts are typically multifaceted and influenced by smuggling organizations.
During President Joe Biden’s second visit to the border as president, which took place in the Rio Grande Valley last month, administration officials attributed the decrease in arrests to heightened enforcement efforts by Mexico in that region. They explained that conditions in Sonora, the state south of Arizona, presented more challenges for Mexican law enforcement.
