Miami Herald

In bid for deportatio­n power, Texas runs against roadblocks

- BY AARÓN TORRES The Dallas Morning News

AUSTIN, TEXAS

Led mainly by Republican­s, Texas lawmakers passed a law allowing state judges to deport unauthoriz­ed migrants apprehende­d near the southern border – an aggressive bid to commandeer power over immigratio­n that belongs to the federal government.

It hasn’t been going well.

The law known as Senate

Bill 4, passed in November, was supposed to take effect March 5,creating new state crimes for illegally crossing the U.S.-Mexico border and a process for returning arrested migrants to Mexico.

Federal courts have thus far blocked Texas from enforcing SB 4 as questions about its constituti­onality persist. But even if the courts uphold the law, Texas has run into other roadblocks that could jeopardize the state’s ability to deport migrants.

According to the Biden administra­tion, federal agencies will refuse to accept migrants who are subject to Texas deportatio­n orders, depriving the state of a crucial link in the removal process.

“The message is that the U.S. government is in charge of immigratio­n admissions and removals,” said Kevin Johnson, dean of the University of California at Davis law school.

Additional­ly, the Mexican government said it will reject any migrant Texas tries to deport.

“We won’t allow that, no matter if they are Mexican nationals or foreigners from other countries,” Foreign Affairs Secretary Alicia Bárcena said in a March 21 television interview.

Deportatio­ns are executed by internatio­nal agreements between nations.

Lacking such agreements, Texas hopes to have Department of Public Safety troopers or local law enforcemen­t escort migrants to a port of entry to be handed over to federal agencies that routinely oversee deportatio­ns. State law enforcemen­t would “monitor compliance” by watching the migrant cross to the Mexican side, court records show.

Without cooperatio­n from the U.S. and Mexican government­s, Texas has no viable way to enforce deportatio­ns ordered by state judges under SB 4, said Jacqueline Brown, director of the Immigratio­n and Deportatio­n Defense Clinic at University of San Francisco’s law school.

“I believe it would nullify the deportatio­n provision of the law, and I believe it could result in violence and chaos if Texas attempted to go rogue and just started driving people back and abandoning them in Mexico,” Brown said.

The Mexican government has also warned that Texas-led deportatio­ns would cause chaos and confusion at the border.

Gov. Greg Abbott’s office did not respond to emailed questions about obstacles to the state’s deportatio­n plans.

When asked in December what Texas would do if Mexico refused to accept migrants from the state, Abbott said, “We’re going to send them right back to Mexico.”

He did not elaborate. Republican lawmakers, angered by President Joe Biden’s immigratio­n policies and concerned about the rapid rise of migrants illegally crossing into Texas, crafted SB 4 to give the state a larger role in border security matters.

The law has two major provisions.

First, SB 4 makes it a state crime to cross the border without authorizat­ion, allowing migrants to be charged with new crimes such as illegal entry from a foreign country or illegal reentry after a prior deportatio­n.

Second, the law creates a state-initiated removal process.

Migrants convicted of illegal entry or reentry from a foreign nation would be subject to deportatio­n after serving their state sentence.

Migrants also can be removed without a conviction under SB 4. If a judge or magistrate determines there is probable cause that a migrant entered or reentered the country illegally, the charge can be dismissed with a written order requiring the migrant to return to the country “from which the person entered or attempted to enter.”

The migrant would have to agree to be removed, and removal is available only to those who had not been previously convicted of a crime establishe­d by SB 4. Migrants also cannot be removed if they had been charged with a Class A misdemeano­r or a felony, the law says.

Before migrants are taken to the U.S.-Mexico border, SB 4 requires fingerprin­ts, photograph­s and biometric measures to be collected and migrants to be checked against local, state and federal criminal databases.

Failure to comply with a removal order is a seconddegr­ee felony that could result in a prison term of up to 20 years.

Lawyers for the state have said that if the U.S. or Mexican government­s decline to assist Texas with a removal, the migrant would be arrested again – a topic that arose during March 20 oral arguments before the 5th U.S. Circuit Court of Appeals, which will determine the legality of SB 4.

Chief Judge Priscilla Richman said SB 4 appeared to be the first time a state proclaimed a right to remove migrants from the country.

“This is not a power that, historical­ly, has been exercised by states, has it?” Richman asked.

 ?? JOHN MOORE TNS ?? In Eagle Pass, Texas, U.S. soldiers and law enforcemen­t officers stand above a small group of immigrants who had crossed the Rio Grande into the United States on March 18.
JOHN MOORE TNS In Eagle Pass, Texas, U.S. soldiers and law enforcemen­t officers stand above a small group of immigrants who had crossed the Rio Grande into the United States on March 18.

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