Reuters |
The law allows any Texas police officer to arrest migrants for illegal entry into the country. A judge could then order the migrants' departure.
Texas has argued that it has the right to take action for what state authorities describe as a crisis at the border.
President Joe Biden's administration has filed a lawsuit to overturn the law, arguing that it is a clear violation of federal authority, that it would harm international relations, and create chaos in the enforcement of immigration laws.
The battle over Texas' immigration law is one of several between the Texas government and the Biden administration over how far the state can go to patrol the border with Mexico and prevent illegal crossings.
Texas Governor Greg Abbott has described the situation at the border as "an invasion" of migrants.
Last December, Abbott signed the law, known as SB4, which authorizes state law enforcement to detain people suspected of illegally entering the United States, granting local officials powers long delegated to the U.S. federal government.
Abbott stated that the law was necessary due to Biden's inability to enforce federal laws that penalize illegal entry or reentry, and declared in a press conference on December 18 that "Biden's deliberate inaction has left Texas to its fate."
The Texas law made illegal entry or reentry into Texas a state crime, with penalties ranging from 180 days in jail to 20 years in prison. Under it, Texas trial judges must order migrants to return to Mexico, with penalties of up to 20 years for those who refuse.