A newly enacted law in Texas criminalizing illegal entry is causing confusion and apprehension among undocumented migrants and mixed-status families along the US-Mexico border, as immigration advocates express fears of racial profiling and increased detentions.
The legislation, Senate Bill 4 (SB4), signed into law by Republican Governor Greg Abbott, grants local law enforcement the authority to arrest migrants and empowers judges to issue orders for their removal to Mexico. This move has raised concerns among immigration advocates who worry about the potential for racial profiling and an increase in detentions and attempted deportations when the law is slated to take effect in March.
At a recent town hall meeting discussing the law, Houston immigration attorney Roberto Quijano voiced concerns, stating, “There are a lot of unknowns about how this law will be implemented.”
Latino communities, constituting 40% of the population in Texas, fear the consequences of SB4, with worries about racial profiling and potential threats to families. Ramona Casas, a community organizer with the nonprofit Arise Adelante, expressed her concerns at a recent protest against SB4, stating, “We have a lot of concerns about racial profiling and racism. These laws open the door for that. They threaten families.”
Casas believes that Latinos in Texas may be compelled to carry their passports and IDs at all times to avoid being detained on suspicion of being undocumented.
For opponents, the echoes of Arizona’s 2010 “Show me your papers” law are ringing loud. While largely struck down by the US Supreme Court in 2012, a controversial provision allowing police to check a person’s immigration status based on “reasonable suspicion” was left standing. Critics of the new Texas law argue that it is unconstitutional, prompting civil rights groups, including the American Civil Liberties Union (ACLU), the ACLU of Texas, and the Texas Civil Rights Project, to file a lawsuit against the state. The organizations argue that the law is unconstitutional as it preempts federal law, emphasizing that immigration is a federal authority. As legal challenges unfold, the implementation of SB4 raises uncertainties and anxieties among those directly affected by its provisions.
