New Texas law to allow police to arrest migrants entering the US illegally

Republicans challenge US government authority over immigration, saying Biden administration is not doing enough to safeguard the southern border

A US Border Patrol agent speaks with migrants at a transit centre near the Mexican border in Eagle Pass, Texas. Getty Images / AFP

Republican Texas Governor Greg Abbott has approved sweeping new powers that allow police to arrest migrants who illegally cross the US 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 – denounced by critics as the “Show Me Your Papers” bill – that was largely struck down by the US Supreme Court.

Immigration enforcement is a federal responsibility and Texas’s 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’s order to leave the US or be prosecuted on misdemeanour charges of illegal entry. Migrants who do not leave could face arrest again under more serious felony charges.

Mr 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 “well over 50 per cent, maybe 75 per cent”. He did not offer evidence for that estimate.

The law adds another tension point over immigration amid a struggle between the White House and Senate negotiators to reach a deal on border security.

Migrants on the southern US border – in pictures

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  Central American mothers demonstrate in Mexico City to demand justice for their children who have disappeared during their transit through Mexico to the US. EPA

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  Migrants from Central and South America seeking asylum in the US camp out as Title 42 border restrictions continue. AFP

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  Thousands of migrants arrive in the Mexican city of Tijuana each year. AFP

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  Migrant children wait on a road after a caravan from Central America was blocked by Guatemalan authorities. Reuters

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  A three-year-old asylum seeker from Honduras holds her mother’s hand after crossing the Rio Grande into the US from Mexico. Reuters

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  Migrants await transport after arriving at the border wall in Penitas, Texas. Reuters

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  US Border Patrol agents speak to an unaccompanied minor from Honduras after she crossed the Rio Grande from Mexico. Getty / AFP

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  Migrant women and children rest at an improvised shelter in Santiago Niltepec, Oaxaca state, Mexico. AFP

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  A US Border Patrol officer blocks the path of a migrant trying to return to the US after having crossed into Mexico. Reuters

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  The US said it would increase deportation flights for thousands of migrants who entered the Texas border city of Del Rio. AFP

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  The US Border Patrol prevents migrants from crossing into Texas from Mexico. AFP

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  US Border Patrol officers bar the way to migrants trying to return to the US. Reuters

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  US law enforcement officers attempt to close off crossing points along the Rio Grande. AFP

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  US authorities attempt to close the border to stop the flow of migrants. AP

Texas Republicans have increasingly challenged the US government’s authority over immigration, saying President Joe Biden's administration is not doing enough to control the southern border.

The state has bused more than 65,000 migrants to cities across America since August 2022 and recently installed razor wire along the banks of the Rio Grande.

Authorities are seeing unprecedented arrivals at the border, topping 10,000 crossings on some days this month.

Shortly after Mr 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 Justice Department to sue to stop the law.

Mexico’s government has also rebuked the measure. Under bilateral and international agreements, Mexico is required to accept deportations of its own citizens, but not those of other countries.

In September and October, Venezuelans were the largest nationality arrested for illegally crossing the US border.

Because the illegal entry charge is a misdemeanour, which has a statue of limitation of two years, Republican state representative David Spiller has said the law will not be used against immigrants who have long been settled in the US.

Thousands of migrants seeking entry to US surrender to border patrol – video