BROWNSVILLE, Texas (AP) 鈥 Republican Texas Gov. Greg Abbott on Monday approved sweeping new powers that allow police to arrest migrants who illegally cross the U.S. border and give local judges authority to order them to leave the country, testing the limits of how far a state can go to enforce immigration laws.
Opponents have called the measure the most dramatic attempt by a state to police immigration since a 2010 Arizona law 鈥 denounced by critics as the 鈥淪how Me Your Papers鈥 bill 鈥 that was largely by the U.S. Supreme Court. Immigration enforcement is a federal responsibility, and Texas鈥 law is also likely to face swift legal challenges.
The law, which takes effect in March, allows any Texas law enforcement officer to arrest people who are suspected of entering the country illegally. Once in custody, they could either agree to a Texas judge鈥檚 order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don鈥檛 leave could face arrest again under more serious felony charges.
Abbott, who signed the law in front of a section of border fence in Brownsville, predicted the number of people crossing illegally into Texas would drop by 鈥渨ell over 50%, maybe 75%." He did not offer evidence for that estimate.
鈥淭he consequences of it are so extreme that the people being smuggled by the cartels, they will not want to be coming into the state of Texas," he said.
The law adds another tension point over immigration amid a struggle between the White House and Senate negotiators . Republicans in Congress are demanding changes to the immigration system in exchange for any help for Ukraine, Israel and other national security needs.
Texas Republicans have increasingly challenged the U.S. government鈥檚 authority over immigration, saying President Joe Biden's administration isn鈥檛 doing enough to control the 1,950-mile (3,149-kilometer) southern border. Texas has to cities across America since August 2022 and recently along the banks of the Rio Grande, which has snagged and injured some asylum-seekers.
The U.S. government on Monday temporarily shut down two railroad border crossings in Texas, a move that rail operators said would hamper trade ahead of Christmas. Troy Miller, U.S. Customs and Border Protection鈥檚 acting commissioner, said the closures at Eagle Pass and El Paso were a response to more migrants traveling on freight trains, particularly over the last week.
Miller said authorities are seeing 鈥渦nprecedented鈥 arrivals at the border, topping 10,000 crossings on some days this month.
Shortly after Abbott signed the new law, the American Civil Liberties Union of Texas said it would challenge the measure in court. More than 20 congressional Democrats also signed a letter urging the U.S. Justice Department to sue to stop the law, known as Senate Bill 4.
鈥淪B 4 is dangerous for the people of Texas and interferes with the federal government鈥檚 exclusive authority over immigration and foreign affairs," the letter read.
Mexico鈥檚 government also has rebuked the measure. Under bilateral and international agreements, Mexico is required to accept deportations of its own citizens, but not those of other countries. Under the Texas law, migrants ordered to leave would be sent to ports of entry along the border with Mexico, even if they are not Mexican citizens. In September and October, arrested for illegally crossing the U.S. border.
During debate in the Texas House in November, GOP state Rep. David Spiller pushed back against concerns that the law would be used as a dragnet to arrest immigrants statewide. He said enforcement would mostly take place in border counties. But he also rebuffed several efforts by Democrats to narrow the law, including a proposed carve-out for police on college campuses.
Because the illegal entry charge is a misdemeanor, which has a statue of limitation of two years, Spiller has said the law will not be used to target immigrants who have long been settled in the U.S.
鈥淭his is not, 鈥楻ound up everyone who is here illegally and ship them back to Mexico,鈥欌 he said during debate over the bill.
Opponents have accused Texas Republicans of using the law as a vehicle to force the Supreme Court鈥檚 new conservative majority to revisit its landmark 2012 Arizona decision. At the time, Justice Anthony Kennedy said Arizona may have 鈥渦nderstandable frustrations鈥 with immigrants who are in the country illegally but that it can鈥檛 pursue policies that 鈥渦ndermine federal law.鈥
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Weber contributed from Austin, Texas. Associated Press writers Mark Stevenson in Mexico City and Elliot Spagat in San Diego contributed to this report.
