Judge blocks bill allowing police in Texas to arrest migrants for illegally crossing border
AUSTIN -- A federal judge has blocked a controversial bill that would give state and local police in Texas the authority to arrest migrants who cross the border illegally.
The judge ruled the job of enforcing immigration laws lies on the shoulders of federal officials and not state or local ones.
Challenged by the Justice Department and American Civil Liberties Union, SB4 was slated to become law on Tuesday, March 5.
State Rep. David Spiller, a Jacksboro Republican who authored SB 4, said while disappointed with the ruling he expected the result.
"If you look to the U.S. Constitution it doesn't say anything that the federal government has exclusive immigration authority," Spiller said.
Spiller said he is looking forward to the appeal that has already been filed and plans to take the fight all the way up to the Supreme Court if necessary.
"We are trying to do what we can in Texas as a Texas solution to a problem that has been forced on us because the Biden administration continues and fails and refuses to enforce to secure our borders and enforce current immigration laws," Spiller said.
Meanwhile, Texas Attorney General Ken Paxton said his office plans to do "everything possible to defend Texas's right to defend herself against the catastrophic illegal invasion encouraged by the federal government."
While supporters of SB 4 are digging their heals in, opponents like Domingo Garcia -- national president of the League of United Latin American Citizens or LULAC -- say this sends a clear message to politicians who support this kind of legislation.
"They need to work on a bipartisan bill. put pressure on congress at the federal level,and stop playing games at the state house in Austin," Paxton said.
He added the blocking of SB4 is "a victory for the constitution. It's a victory for the federal government... the only one that can decide immigration, and Congress needs to fix this."
Both sides say they fully expect a final decision on this to come from the Supreme Court -- and that it could take years before that happens.
