Texas migrant arrest law is back on hold after briefly taking effect

In this Sept. 23, 2023, file photo, migrants in Eagle Pass, Tex., wait to climb over concertina wire after they crossed the Rio Grande and entered the U.S. from Mexico.Texas’ plans to arrest migrants suspected of entering the U.S. illegally were again on hold Wednesday after setting off uncertainty along the border and anger from Mexico flared during a brief few hours that the law was allowed to take effect.

During the short time the law was in effect Tuesday, Texas authorities did not announce that any arrests had been made or say whether it was being actively enforced. Along the border in Kinney County, Sheriff Brad Coe embraced the arrest powers but said deputies would need probable cause. The latest appeals court order included no explanation from the panel. But it had the effect of restoring an injunction issued in February by U.S. District Judge David Ezra, who rebuked the law on multiple fronts. His 114-page opinion brushed off Republicans’ claims of an “invasion” along the southern border due to record-high illegal crossings. Ezra, an appointee of former President Ronald Reagan, also warned that the law could hamper U.S. foreign relations.

The impact extends far beyond the Texas border. Republican legislators wrote the law so that it applies in all of the state’s 254 counties, although Steve McCraw, the director of the Texas Department of Public Safety, has said he expects it will mostly be enforced near the border. “We had accidents, we had injuries, we got a little glimpse of what would happen if the state begins to control what happens in respect to immigration,” Samaniego said.

Daniel Morales, an associate professor of law at the University of Houston Law Center, said the Texas law “will be a mess, very clearly, to enforce.”

Source: Law Daily Report (lawdailyreport.net)

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