Texas police say they will not enforce Governor Greg Abbott’s immigration law, which allows them to arrest migrants, even if it passes.
The bill – SB4 – was blocked again last night in a whiplash that exacerbated the chaos and confusion in the Lone Star State.
Hours earlier, SCOTUS approved it with a 6-3 ruling.
Then it was blocked again last night by a federal court.
The law, which came into effect for a few hours on Thursday, has led to no known arrests and has been divisive from the start.
It will allow Texas police, in addition to CBP agents and ICE, to arrest anyone they suspect has crossed the border illegally.
But police in Austin, Fort Worth and Dallas say they won’t enforce the ban even if it passes.
Hours after SB4 briefly passed into law, Fort Worth police said on Twitter that immigration law was the job of state and federal officials.
Austin PD says it won’t enforce the law either
Other states, such as Arizona, have tried to pass similar bills, but the United States Supreme Court struck down these measures, saying they violated the separation of powers and the supremacy of the federal government as the sole enforcer of the border security.
On Tuesday, the Fifth Circuit said its decision to block the law would “preserve the status quo while an appellate court reviews the legality of that change.”
“What it will do is create confusion and open the door to racial profiling, putting a target on the backs of so many members of our communities,” San Antonio Mayor Ron Nirenburg said. local station KSAT.
“Immigration enforcement is a federal jurisdiction. Local law enforcement and police departments need all the resources, tools and time they have to tackle local crime.
Those caught in the U.S. illegally face a prison sentence of six months for the first offense and two to 20 years for subsequent entries.
State Republicans who passed the law argue they must do something as about 4.3 million migrants have entered Texas illegally since the presidential election. Joe Biden took office in 2021, according to federal statistics.
Migrants near El Paso, Texas, were already in limbo in the U.S. but failed to make themselves public officials after learning that the U.S. Supreme Court on Wednesday approved a Texas law allowing state authorities to deport undocumented foreigners to hold on.
Migrants and their children camp on the banks of the Rio Grande, the river that separates the US and Mexico, awaiting clarification on SB4
Texas Governor Greg Abbott (center) signed SB4 into law and hosted former President Donald Trump in Eagle Pass, Texas, last month
At least 4.35 million migrants have entered Texas since 2021, according to US Customs and Border Protection, the parent agency of the US Border Patrol. These numbers reflect only those stopped by federal agents, and not so-called “escapees” or illegal immigrants who were not taken into custody
“I think it’s worth noting that this is a crime. We’re not trying to round up people who have been here for years,” Republican Rep. David Spiller, who sponsored SB4, told NewsNation.
SB4 has raised concerns that it would be poorly enforced or even abused by state and local police officers who lack training in complex immigration law — leading to racial profiling of Hispanics.
In fact, leaders of the predominantly Hispanic province of El Paso are among the plaintiffs who originally filed a lawsuit to stop SB4.
That lawsuit has been combined with one from the Biden administration.
Furthermore, many details are unknown about exactly what scenarios it could be applied in — details that have not been released by lawmakers or the governor, as this bill has long been seen as a political Hail Mary that would likely be killed by the courts.
Aside from the reluctance to enforce this, many police forces warn that they do not have the manpower, training or jail space to detain migrants.
Two migrants struggle to cross the Rio Grande River at the Mexico-US border as the Texas National Guard takes security measures in Eagle Pass, Texas
“While we will always follow the law, primary responsibility for immigration enforcement and border protection must be left to our federal and state partners,” Fort Worth Police Chief Neil Noakes said in a speech. video tweet.
He added that his officers are “committed to community policing,” a policy that focuses on building trust in immigrant communities so that, for example, an illegal immigrant victim of domestic violence or rape can report her abuser without fear of deportation.
“In light of our city’s vibrant growth and the diversity of our communities, our department remains steadfast in our commitment to community policing and to making Fort Worth the safest city in the country for all who call this community home,” said the top cop. said.
The online message was published in both Spanish and English because the city of 1 million has a large Spanish-speaking population.
In Texas, 40% of the population is Hispanic, and in some cities, such as El Paso, some U.S. citizens speak primarily Spanish.
In Texas’ Democratic capital, Austin police tried to allay fears about the law.
Migrants attempt to cross the North American side of the border between El Paso and Ciudad Juarez, Mexico, in Texas, United States on March 3, 2024
The surge of migrants in Texas has created a huge burden on the state and on the nonprofits that help migrants. In the photo above, migrants rest on cots at a shelter in El Paso, Texas
“At this time, APD expects that it is unlikely that its officers will have grounds to make warrantless arrests under SB4,” the department said in a statement. statement Tuesday.
On Wednesday, they notified citizens by “informing officers that they were not allowed to enforce SB4.”
The department implored migrants, regardless of their immigration status, to continue calling 911 if they need help.
In addition, the measure would allow migrants who want to avoid prison to be voluntarily returned to Mexico.
However, Mexico’s president slammed the door on Tuesday, reminding Texas officials that Mexico had no obligation to accept migrants from any country other than its own.
On Wednesday he lashed out even more, calling SB4 ‘anti-Christian’.
“So-called Christians who support this law go to church and forget that the Bible says to welcome the foreigner among you. They are hypocrites,” President Andres Manuel Lopez Obrador joked during a news conference.
However, the lawsuit over SB4 is far from over.
The Fifth Circuit was scheduled to hear oral arguments on the case Thursday morning.
“Among other things, this sends a *very strong* signal that the panel will likely *deny* Texas’ request for a stay pending the appeal. So #SB4 will remain blocked *indefinitely* unless *Texas* convinces #SCOTUS to reinstate it,” says constitutional expert Steve Vladeck tweeted.
