Austin, Texas — A federal judge will consider Thursday whether Texas can enforce a new law that gives police broad powers to arrest migrants accused of entering the U.S. illegally and gives local judges the authority to order them out of the country.
The hearing in Austin is the first legal test of what opponents call the most dramatic state effort to control immigration since a 2010 Arizona law that was partially struck down by the U.S. Supreme Court. Texas’ new law goes into effect on March 5.
The Justice Department lawsuit is one of several courtroom battles Texas is waging with President Joe Biden’s administration over how far the state can go to prevent migrants from crossing the border.
It is unclear how quickly U.S. District Judge David Ezra, an appointee of former President Ronald Reagan, will rule.
For months, tensions have escalated between the Biden administration and Texas over who can patrol the border and how. The Justice Department also sued Texas over a floating barrier in the Rio Grande and defended the ability of U.S. Border Patrol agents to cut and remove miles of razor wire the state has built along the border.
Republican governors across the U.S. have supported Abbott’s efforts. A heavy presence of Texas National Guard members in the border town of Eagle Pass has blocked Border Patrol agents from entering a riverside park. The agents had previously used the park for monitoring and patrols, as well as to process migrants crossing the Rio Grande into U.S. territory.
The new measure would allow any law enforcement officer in Texas to arrest people suspected of entering the country illegally. Once in custody, they could either comply with a Texas judge’s order to leave the U.S. or face charges of illegal entry. Migrants who do not leave may be rearrested and charged with a more serious crime.
Civil rights groups have argued that the new law, known as Senate Bill 4, could lead to civil rights violations and racial profiling.
Republicans have defended the law, saying it would likely only be enforced near the U.S.-Mexico border. They also argue that it would not be used to target immigrants who have lived in the US for a long time because the statute of limitations for misdemeanor charges is two years.