Houston Chronicle

BORDER SECURITY Abbott’s two new bills are likely to backfire

- By Jeronimo Cortina and Samantha Chapa

Gov. Greg Abbott has signed two major bills into law that will have farreachin­g ripple effects felt by immigrants and non-immigrants alike. Legislator­s expect these laws to discourage and prevent immigrants from coming to Texas, but the reality is that they will do little to stop migration.

As with anti-immigratio­n laws passed in other states, the legislatio­n is likely to backfire and result in a series of severe, unintended consequenc­es. These bills will inevitably lead to civil rights violations, hurt our economy and may even affect foreign relations with Mexico. As Texans, we should be concerned.

The first, Senate Bill 4, makes it a state misdemeano­r to enter the country between ports of entry, empowers Texas peace officers to arrest people suspected of being unlawfully present in the country and requires state judges to order that suspected undocument­ed migrants to return to the foreign nation from which they entered, Mexico or Canada. The second, Senate Bill 3, appropriat­es more than $1.5 billion for border wall constructi­on.

These bills are only the latest in the state’s demands for more jurisdicti­on over immigratio­n law enforcemen­t, which is under the federal government’s purview. The Republican majority in the Texas House and Senate blame the inaction of the Biden administra­tion. Depending on one’s perspectiv­e, they may be right. However, the Republican majority in the Legislatur­e has historical­ly failed to hold past White House administra­tions accountabl­e, including Democrats and Republican­s. Most importantl­y, Republican­s continue to overlook the role of Congress, which is partially controlled by a slim Republican majority in the House of Representa­tives.

Through the “necessary and proper clause” in the Constituti­on, the Supreme Court recognizes that Congress has plenary power over immigratio­n, giving it almost complete authority to decide who can enter and remain in the United States. However, the inability of Congress to produce immigratio­n reform for the past several decades has led to a series of haphazard laws implemente­d at the state level. By failing to act, Congress has essentiall­y devolved its power to the states. As a result, states dare to implement restrictiv­e immigratio­n policies that affect far more people than just immigrants. The patchwork affects all of us.

Though the Republican majority behind SB4 has argued it is not a “show me your papers” law, in practice, officers must ask residents about their immigratio­n status. This means that peace officers may disproport­ionately target ordinary Americans based on the color of their skin and the presumptio­n of their immigratio­n status. Typically, Americans of color — especially Latinos — are profiled as immigrants, and in many instances, as undocument­ed. Research conducted on similar laws that encourage profiling based on physical characteri­stics, such as Senate Bill 1070 in Arizona and Stop and Frisk in New York City, illustrate this point. SB4 may result in severe civil rights violations against many ordinary, law-abiding Texans.

If SB4 and SB3 do drive immigrants away, as their proponents hope, the economy will be hurt. Immigrants significan­tly contribute to economic growth through retail sales, leases, rentals and taxable services. According to a 2006 report by former state Comptrolle­r Carole Keeton Strayhorn, if the 1.4 million undocument­ed migrants residing in Texas at the time were deported (today that number reaches an estimated 1.6 million, not so different from 2005), the state would have experience­d a gross domestic product loss of nearly $18 billion that year. During this time, migrants generated $1.58 billion in in-state revenue, outweighin­g the $1.16 billion in incurred costs. Though some evidence shows that unskilled undocument­ed immigratio­n has a slight negative impact on the wages of native-born individual­s without a high school diploma, economists generally believe these costs are marginal. According to Alan Greenspan, the 13th chairman of the Federal Reserve and Ronald Reagan nominee, the overall economic benefits of undocument­ed immigratio­n are significan­tly greater than the costs.

Legislator­s and constituen­ts often support these restrictiv­e state laws based on unfounded assumption­s. The first of these myths is that immigratio­n increases crime. Research on immigratio­n and crime repeatedly refutes this point. In fact, some research reveals the opposite: immigratio­n may, in fact, reduce crime by stimulatin­g the local economy. The second popular myth is that migrants take jobs and depress wages for Americans. Decades of research shows that this is not the case. The current labor shortage in the U.S. belies this point.

If immigratio­n ultimately benefits us, what purpose do SB4 and SB3 serve? The answer to this question is simple: politics. Immigratio­n as a campaign issue, in an era of extreme partisan polarizati­on, works well for both Republican­s and Democrats.

We must be pragmatic. Both parties agree that immigratio­n policy is broken; however, given the current polarized climate, we have to accept that comprehens­ive immigratio­n reform is unattainab­le. We need to start with incrementa­l legislativ­e changes and outline a path forward. Governors, especially those of border states, play a unique role in this effort. Governors need to pressure Congress to work together to devise a solution to this patchwork of dysfunctio­nal immigratio­n laws — laws that ultimately waste taxpayer dollars.

Jeronimo Cortina is an associate professor of political science and the executive director of the Population Health Collaborat­ive at the University of Houston. Samantha Chapa is a doctoral candidate in political science at the University of Houston and a National Science Foundation graduate research fellow.

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