In a move challenging the boundaries of state and federal authority over immigration, El Paso County, in collaboration with two immigrant rights groups, filed a federal lawsuit against Texas officials on Tuesday. The lawsuit seeks to challenge a recently signed law that empowers state and local police to arrest migrants crossing from Mexico. The legal battle sets the stage for a confrontation over federal immigration policies.
The contentious law, signed by Governor Greg Abbott, prompted the federal lawsuit, with critics arguing that it violates the Constitution and could lead to racial profiling of Hispanic citizens in Texas. The plaintiffs, El Paso County and the nonprofit groups Las Americas Immigrant Advocacy Center and American Gateways, contend that the state law should be invalidated entirely since immigration matters fall under the exclusive authority of the federal government.
The lawsuit, filed in federal court in Austin, targets the Texas Department of Public Safety, whose officers would gain new arrest powers under the law, and El Paso District Attorney Bill Hicks, responsible for prosecuting offenses under the legislation. Legal representation for the plaintiffs comes from the American Civil Liberties Union (ACLU) and the Texas Civil Rights Project.
Governor Abbott, anticipating legal challenges, expressed his commitment to defending the law and stated that Texas would take the fight to the U.S. Supreme Court if necessary. He positioned the law, known as Senate Bill 4, as a response to what he perceived as President Biden’s failure to enforce existing federal prohibitions on unauthorized border crossings.
The lawsuit argues that Texas is attempting to seize control over immigration from the federal government, depriving individuals subject to the federal system of their constitutional rights and due process. Governor Abbott contends that Texas has the constitutional authority to secure its border in the absence of effective federal enforcement.
Republicans have consistently blamed President Biden for the surge in migrants entering the United States, turning it into a political issue. Governor Abbott has increasingly pursued a strategy of state border enforcement, challenging the Biden administration and clashing with Democratic-led municipal governments in Texas.
El Paso County’s top officials, all Democrats, have opposed the law, with the sheriff’s office expressing disagreement with its approach. The new law, scheduled to take effect in March, makes it a misdemeanor to cross into Texas from Mexico without using an authorized port of entry. A court could order an individual arrested under the law to return to Mexico or face prosecution for non-compliance, with a second unauthorized crossing classified as a felony.
Critics argue that the law may create a dragnet affecting not only undocumented immigrants but also American citizens and legal permanent residents. Representative Joaquin Castro has urged the Justice Department to intervene and prevent the law from taking effect.
Governor Abbott sees the legal challenge as an opportunity for federal courts, including the Supreme Court, to reconsider the 2012 decision in Arizona v. United States. In that case, the court ruled narrowly in favor of federal authority over state immigration laws.
El Paso County estimates that the law could result in 8,000 additional arrests annually, imposing significant costs on county courts and jails. The county anticipates spending over $160 million on new jail facilities and an additional $24 million annually to house migrants arrested under the law.
The two nonprofit groups joining the lawsuit, Las Americas Immigrant Advocacy Center and American Gateways, argue that the law would impair their ability to assist migrants, including those seeking asylum. ACLU’s Immigrants’ Rights Project senior staff attorney Anand Balakrishnan criticized Governor Abbott’s efforts, deeming them unconstitutional and prone to errors that could deny individuals their right to due process.
As the legal battle unfolds, the case has the potential to influence the ongoing debate over the division of powers between states and the federal government in immigration enforcement.
