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Texas Governor Signs Bill Allowing Police to Arrest Illegal Aliens

More than $1.5 billion will go toward construction of 'physical barriers' on southern border


Texas Governor Signs Bill Allowing Police to Arrest Illegal Aliens

Texas Gov. Greg Abbott has signed a legislative package allowing local authorities to arrest illegal aliens, marking the first time a U.S. state has legislatively challenged the federal government’s authority on immigration-related issues.


“Four years ago, the United States had the fewest illegal border crossings in decades. It was because of four policies put in place by the Trump Administration that led to such a low number of illegal crossings. President Biden has eliminated all of those policies and done nothing to halt illegal immigration,” Abbott said about the legislative suite he signed into law.


“President Biden’s deliberate inaction has left Texas to fend for itself. Today, I will sign three laws to better protect Texas—and America—from President Biden’s border neglect. These laws will help stop the tidal wave of illegal entry into Texas, add additional funding to build more border wall, and crackdown on human smuggling,” he added.


Senate Bill 3 allocates $1.54 billion in state funds to facilitate construction of physical barriers along the state’s border with Mexico. It also provides state police with $40 million to pay for overtime expenses and other costs associated with border enforcement.


Senate Bill 4 makes it a state-level crime to illegally cross into Texas from Mexico. It was previously illegal to enter the U.S. without permission under federal law. However, in the absence of a state law, police could only charge migrants with trespassing.


Under SB4, migrants who illegally cross the Rio Grande can be charged with a Class B misdemeanor, which carries a punishment of up to six months in jail. Someone previously convicted of entering the state illegally could be charged with a second-degree felony, which carries a punishment of up to 20 years in prison.


A separate piece of legislation increases the minimum sentence for human smuggling from two years to 10 years.


Authorities are prohibited from arresting or detaining migrants in schools, churches and synagogues, medical facilities, or facilities that provide medical exams to sexual assault survivors.


Critics of the new laws argue that they threaten migrants and usurp the authority of the federal government, which, traditionally, has solely handled immigration-related issues.


“These measures not only threaten the safety and dignity of asylum seekers, but also risk undermining the foundational principles of our legal system,” says Krish O’Mara Vignarajah, President & CEO of Lutheran Immigration and Refugee Service, which assists refugees and asylum seekers in San Antonio, Dallas, and Fort Worth.


“Immigration is clearly a federal authority, and this legislation knowingly dances on the edge of constitutional cliffs at the expense of vulnerable children and families,” O’Mara added. “By criminalizing the very act of seeking refuge, Texas is turning its back on the values of compassion and due process that make our nation the world’s beacon of humanitarian leadership.”


Officials serving at the federal and state levels have explained through legal briefs that while the federal government is tasked with handling immigration, national security, and securing America’s borders, the U.S. Constitution provides states the ability to enforce border security if the federal government is either unable or unwilling to do so.

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