Judge Blocks Texas Law That Gives Police Broad Powers to Arrest Migrants Who Illegally Enter US

A federal judge on Thursday blocked a new Texas law that gives police broad powers to arrest migrants suspected of illegally entering the U.S., dealing a victory to the Biden administration in its feud with Republican Gov. Greg Abbott over immigration enforcement.

The preliminary injunction granted by U.S. District Judge David Ezra pauses a law that was set to take effect March 5 and came as President Joe Biden and his likely Republican challenger in November, Donald Trump, were visiting Texas’ southern border to discuss immigration. Texas officials are expected to appeal.

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Allowing Texas to “permanently supersede federal directives” due to a so-called invasion would “amount to nullification of federal law and authority — a notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War,” the judge wrote.

Citing the Supreme Court’s decision on the Arizona law, Ezra wrote that the Texas law was preempted, and he struck down state officials’ claims that large numbers of illegal border crossings constituted an “invasion.”

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The measure would allow state law enforcement officers to arrest people suspected of entering the country illegally. Once in custody, they could agree to a Texas judge’s order to leave the country or face a misdemeanor charge for entering the U.S. illegally. Migrants who don’t leave after being ordered to do so could be arrested again and charged with a more serious felony.

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Ezra, who was appointed by former President Ronald Reagan, said he feared the United States could become a confederation of states enforcing their own immigration laws. “That is the same thing the Civil War said you can’t do,” Ezra told the attorneys.

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