The Congress of the state of Texas approved a bill on Tuesday that would allow police to arrest immigrants who entered USA irregularly and would allow local judges to order them to leave the country for Mexico so as not to prosecute them in the US. Specifically, Law SB4 criminalizes undocumented immigration. Its critics maintain that it is unconstitutional because it addresses aspects that are the exclusive management of the federal government.
The SB4 Law, described as the toughest initiative of its kind in the United States, It says that if the foreigner does not comply with the judge’s order or has a criminal record, the crime becomes serious and carries a maximum penalty of 20 years in prison.
The rule has been left in the hands of the Republican governor Greg Abbottwho is its promoter and must sign it soon for it to come into force.
Texas Governor Greg Abbott speaks during a press conference in Uvalde, Texas, on May 27, 2022. (Photo by CHANDAN KHANNA / AFP)
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Once in force, the law would face a possible constitutional dispute that would have to be resolved in the United States Supreme Court.
This law is so controversial that a powerful Republican state senator opposed it, claiming it went too far, the AP reported.
“To improve short-term messaging between our two chambers during this election season, we are setting a terrible precedent for the future by overriding our obedience and fidelity to our Constitution,” the senator said. Brian Birdwell.
In Mexico The Government also reacted against the SB4 Law. The Foreign Ministry of that country issued a statement in which it indicated that the norm implies a “criminalization” of the migrant population and “will result in family separation, discrimination and racial profiling”.
“The government of Mexico recognizes the sovereign right of any country to decide the public policies that should be implemented in its territory. However, it respectfully expresses its legitimate right to protect the rights of its nationals in the USA, as well as establishing their own admission policies to their territory. In this sense, the Government of Mexico categorically rejects any measure that allows state or local authorities to detain and return nationals or foreigners to Mexican territory“, notes the statement.
Below, the most controversial aspects of the new law Texas.
:quality(75)/cloudfront-us-east-1.images.arcpublishing.com/elcomercio/KDBIK6MG35FFJAXYF2MCLARF74.jpg "What does the new Texas law say to detain and expel undocumented immigrants? 1")
A U.S. Border Patrol agent on horseback tries to prevent a Haitian migrant from entering a camp on the banks of the Rio Grande near the Acuña del Río International Bridge in Del Rio, Texas, on September 19, 2021. (PAUL RATJE / AFP).
Detention and deportation
According to an analysis by the AP agency, the new law empowers all Texas police, including agents hundreds of miles from the border, to arrest immigrants suspected of entering the country illegally. The crime would be a misdemeanor and a judge could order the defendant to leave the United States for Mexico, which is where undocumented immigrants generally enter.
Those who reject the law argue that it could lead to racial discrimination or to wrongful arrest of American citizens and immigrants who are in the country legally. Democrats also said it would make immigrants who have been victims of crimes afraid to contact police to make their complaints.
“The Republicans of Texas “Proudly passed a bill that authorizes Greg Abbott’s Department of Public Safety to imprison black and brown migrants for simply existing in our state,” said the president of the Texas Democratic Party Gilberto Hinojosa said.
One of the Republicans who defended the law, state Rep. David Spiller, said this would not apply to residents who have been in the country for more than two years. He added that it would apply mainly near the border.
Does Texas have powers to carry out deportations?
Legal experts and immigrant rights groups consulted by the AP criticized the immigration law. Texas because, they assure, it enters into a clear conflict with the authority that the United States federal government to regulate the immigration.
“Since when does a state deport people?” said Democratic state Rep. Victoria Neave Criado. “That is not a power that the states have. That is a power that the federal government has.”
Democrats think the purpose of Texas by approving this law is that it reaches the United States Supreme Courtwhich currently has a conservative majority, AP indicated.
If that happens, it would review a 2012 ruling that struck down key provisions of a federal immigration law. Arizona. At that time, the judge Anthony Kennedy He said Arizona may have “understandable frustrations” with immigrants who are in the country illegally, but cannot implement policies that “undermine federal law”AP recalled.
“It’s a repeat of what happened 10 years ago.”. The Supreme Court has already spoken about this precise situation when the state of Arizona tried to interfere in immigration policy, and the Supreme Court was very clear, it said: ‘No, the immigration issue is exclusive to the federal government, the states cannot interfere in these issues.’ But the governor Abbottformer former president trump, the Republican Party in Texas“They are trying to create headlines again by appealing to that Republican base that continues with the issue of xenophobia, trying to create discord, and they have passed this time knowing that it is an unconstitutional law and only made for political purposes,” he told cnn the constitutional lawyer Rafael Peñalver.
