Senate Bill 4 was Texas’ latest attempt to deter people from crossing the Texas-Mexico border amid a surge in migration.
Migrants traverse the bank of the Rio Grande at Shelby Park in Eagle Pass, on Jan. 19, 2024. A federal judge on Thursday blocked.A federal judge in Austin on Thursday halted a new state law that would allow Texas police to arrest people suspected of crossing the Texas-Mexico border illegally., was scheduled to take effect Tuesday. U.S. District Judge David Ezra issued a preliminary injunction that will keep it from being enforced while a court battle continues playing out.
Ezra also wrote that if the state arrested and deported migrants who may be eligible for political asylum, that would violate the Constitution and also be"in violation of U.S. treaty obligations." The law seeks to make illegally crossing the border a Class B misdemeanor, carrying a punishment of up to six months in jail. Repeat offenders could face a second-degree felony with a punishment of two to 20 years in prison.
The lawyer representing Texas, Ryan Walters, argued that the high number of migrants arriving at the border — some of them smuggled by drug cartels — constitutes an invasion and Texas has a right to defend itself under Article I, Section 10 of the U.S. Constitution, which prohibits states from engaging in war on their own “unless actually invaded.”
Immigrant rights advocates around the state celebrated the ruling because they worried that SB 4 would lead to border residents' rights being violated.
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