Listen to this articleWhat is the New Law?
The new Texas immigration law, known as Senate Bill 4 (SB 4), seeks to make illegal immigration a state crime1. This law empowers Texas police to arrest individuals suspected of illegally crossing the Mexico border1. If a police officer has probable cause to believe a person illegally crossed the Rio Grande, that person could be charged with a Class B misdemeanor, which carries a punishment of up to six months in jail1. For subsequent offenses, the person could be charged with a second-degree felony and face up to 20 years in prison1.
Who is Involved?
The law was approved by Texas lawmakers in 20231. The fight over Texas’ law is part of a broader struggle between Gov. Greg Abbott, a Republican, and President Joe Biden, a Democrat, over immigration2.
Where is this Happening?
This law is specific to the state of Texas, particularly affecting areas along the Texas-Mexico border1.
Why is the Law Needed?
Texas has argued that the law follows federal immigration laws, and that the state has a right to defend itself1. The law is intended to strengthen border security and reduce the inflow of undocumented immigrants into the state3. It is meant to target people who recently crossed the border, not undocumented immigrants who have been living in Texas for years1.
How is the Law Being Enforced?
Currently, the law is blocked from going into effect amid an ongoing lawsuit brought forward by immigrant rights advocates and the federal government1. However, the U.S. Supreme Court ruled that it will allow Texas to enforce the law while litigation continues in lower courts45.
The Role of the US Government
The Biden administration sued to block the law, arguing that it tramples on the federal government’s exclusive authority to oversee immigration issues5. The administration has argued that SB 4 is unconstitutional because it interferes with federal immigration laws6. Despite these arguments, the Supreme Court has allowed the law to be enforced for now45.
In conclusion, the new Texas immigration law, SB 4, is a contentious issue with ongoing debates about its necessity and enforcement. As the legal battle continues, the impact of this law without Federal relief remains to be seen.