The controversial Texas immigration law allowing state officials to expel migrants

The number of migrants entering the United States’ southern border illegally continues to swell and it has left the country divided. Immigration is one of the top issues in the 2024 presidential elections and the cause of growing tension between Republicans and Democrats.

Amid this, the US supreme court cleared the way for Texas to start enforcing a controversial immigration law, which allows police to arrest and prosecute those suspected of illegally crossing the US-Mexico border. Hours later, a federal court issued an order freezing the legislation.

We take a look at the court’s rulings, the law contentious law and its impact.

What is Texas’ controversial immigrant law?

The law in Texas is one of the thoughtest legislations on immigration by any US state in recent years.

Passed by the Texas legislature, known as Senate Bill 4 (SB4), the law makes it a point to cross into the state from a foreign nation anywhere other than the legal port of entry, which is mostly the international bridges from Mexico.

The law gives local and state police the authority to stop and arrest anyone who is suspected of having crossed the border illegally, except in schools, healthcare facilities, and places of worship, reports the BBC.

State judges have been given the authority to order deportations to Mexico, and local law enforcement agencies have been empowered to carry them out. Judges can also drop state charges if a migrant agrees to return voluntarily, reports The Washington Post.

Punishments for entering the state without legal documentation could range from misdemeanours to felonies and potential imprisonment of up to six months, or fines of up to $2,000 (Rs 1.6 lakh). Those who have entered the state after being denied admission or deported before could be charged with a felony, which is punishable by up to 10 to 20 years in prison.

While illegally entering the US is a federal crime, violations are often handled as civil cases by the immigration court system.

The Texas law is controversial because courts have ruled earlier that only the US federal government and not individual states can enforce the country’s immigration laws, reports the BBC.

Texas’ border with Mexico is an international boundary and is under the jurisdiction of federal authorities. But Texas governor Greg Abbott says that state officials can enforce immigration law as the influx of migrants is an “invasion”.

SB4 is just one of the Republican governor’s several legislative moves that seek to curb the number of undocumented immigrants coming into the US from across the state’s border with Mexico. It was signed into law in December and was initially due to come into effect on 5 March.

What is the US supreme court ruling?

A divided supreme court on Tuesday allowed Texas to begin enforcing the law.

The court’s three liberals dissented. “Today, the Court invites further chaos and crisis in immigration enforcement,” Justice Sonia Sotomayor wrote. “Texas passed a law that directly regulates the entry and removal of noncitizens and explicitly instructs its state courts to disregard any ongoing federal immigration proceedings… That law upends the federal-state balance of power that has existed for over a century.”

However, the conservative majority rejected an emergency application from the Biden administration, which says the law is a clear violation of federal authority that would cause chaos in immigration law.

The high court didn’t address whether the law is constitutional.

What is another court ruling that followed?

Hours after the supreme court ruling, a federal appeals court late Tuesday night put the law back on hold.

In a brief order, a three-judge panel at the 5th US circuit court of appeals voted 2-1 to wipe away a previous ruling from a different panel that had temporarily put the law into effect, reports CNN.

The panel of judges that issued Tuesday night’s order is already set to hear arguments Wednesday morning on Texas’ request to put the law back into effect pending the state’s appeal of a federal judge’s block on the law.

The measure may eventually return to the supreme court.

Also read: Migrant deaths in Rio Grande intensify tensions between Texas, Biden administration over crossings

What has the White House said?

The White House swiftly denounced the supreme court’s move. “We fundamentally disagree with the Supreme Court’s order allowing Texas’ harmful and unconstitutional law to go into effect,” White House Press Secretary Karine Jean-Pierre said in a statement.

“SB4 will not only make communities in Texas less safe, it will also burden law enforcement, and sow chaos and confusion at our southern border,” Jean-Pierre said. “SB 4 is just another example of Republican officials politicising the border while blocking real solutions.”

How will Texas enforce the law?

Troopers of the Texas department of public safety have been stationed at the border under Abott’s border security programme. They are expected to lead in implementing the law and make arrests when the law is enforced, reports The New York Times.

Illegal migrants are subject to arrest by the US border patrol. If Texas arrests them before the US agents , federal authorities will have to work with the state to transfer custody later, reports The Washinton Post. The two sides have worked in the past together.

However, the US department of homeland security has said the federal government would continue the court challenge to the law that will “further complicate” the job of its “already strained” workforce. The agency won’t assist in any efforts to enforce SB4.

The Texas law also complicates the deportation process. The new legislation empowers the state’s law enforcement agencies to return migrants to Mexico. It calls for them to be sent to ports of entry along the US-Mexico border, even if they are not Mexican citizens. However, unless federal authorities are involved these deportations would not be recorded as legal.

What is Mexico saying?

The Mexicos government has stated its opposition to the Texas law. On Tuesday, it said that it would not “under any circumstances” accept the return of any migrants to its territory from the state of Texas.

“Mexico categorically rejects any measure that allows state or local authorities to exercise immigration control, and to arrest and return nationals or foreigners to Mexican territory,” the country’s foreign ministry said in a statement on Tuesday.

Mexico is not required to accept deportations of anyone except Mexican citizens.

How many migrants enter the US through the Mexican border?

Migrant encounters at the US-Mexico border hit a record high at the end of 2023.

The US border patrol had nearly 250,000 encounters with migrants in December 2023, according to government statistics. That was the highest monthly total on record, easily eclipsing the previous peak of about 224,000 encounters in May 2022, according to a report by Pew Research Center.

In January, the encounters dropped to 124,000.

The monthly encounters have soared since 2020 when the COVID-19 pandemic temporarily forced the US-Mexico border to close and slowed migration across parts of the world.

With inputs from agencies