Judge expresses skepticism at Texas law that lets police arrest migrants for illegal entry

During a hearing on Thursday, a federal judge expressed reservations about a Texas law set to take effect in March, which grants police extensive authority to arrest migrants for illegal entry. U.S. District Judge David Ezra voiced concerns about the potential consequences of allowing states to enforce different immigration laws, warning that it could fragment the nation.

Ezra’s remarks came during a lawsuit filed by the U.S. Justice Department, marking the first legal challenge to what critics deem as a significant attempt by a state to regulate immigration since Arizona’s 2010 law, which was partially invalidated by the Supreme Court. The case is one of several legal battles between Texas and President Joe Biden’s administration over border control measures.

The judge, appointed by former President Ronald Reagan, interrogated the lawyers defending the law signed by Republican Governor Greg Abbott during the three-hour hearing in Austin. While Ezra did not specify when he would issue a ruling, he indicated a desire to allow time for potential appeals before the law goes into effect on March 5.

The legislation permits Texas law enforcement officers to arrest individuals suspected of illegal entry into the country. Upon arrest, migrants can either agree to leave the U.S. under a Texas judge’s order or face misdemeanor charges for illegal entry. Those who refuse to leave may face felony charges upon subsequent arrests.

Despite understanding the concerns of state officials regarding illegal crossings, Ezra questioned the notion that all border crossers are criminals, suggesting that the majority are law-abiding individuals. He also raised doubts about the implications of empowering local judges to expel individuals from the U.S., questioning potential interference with federal processes.

The state defended the law by citing declarations from police officials who would enforce it, but Ezra emphasized the need to rule based on the law itself rather than assurances from law enforcement.

Tensions between the Biden administration and Texas have escalated over border control measures, with disputes over patrol authority and physical barriers along the border. Republican governors, including Abbott, have supported Texas’ efforts, while civil rights groups have raised concerns about potential civil rights violations and racial profiling resulting from the law.