On Tuesday, Texas briefly enforced a new law granting police officers the authority to arrest unauthorized migrants, coinciding with Iowa lawmakers passing a bill criminalizing entry into their state for individuals previously deported or denied entry to the United States.
Echoing Texas’ move, seven Republican-controlled states are either considering or have already attempted bills targeting undocumented migrants entering the country.
The surge of legislation and proposals aimed at curbing illegal immigration has created a legal standstill in courts and added to the confusion at the border.
The destiny of these bills is likely tied to the outcome of the Texas case, according to legal experts and organizations dealing with migration issues. If the Texas law prevails, expectations are high for a wave of similar bills from other Republican-leaning states.
States like Kansas and Oklahoma have recently introduced legislation mirroring Texas’ law on illegal entry into the United States.
Adding to this wave, Louisiana entered the fray on Monday. Missouri has also put forth two bills, one of them sponsored by State Senator Bill Eigel, a leading gubernatorial candidate this year.
During a committee hearing last week, Mr. Eigel described the border surge as an “invasion” while criticizing President Joe Biden’s administration for failing to address the issue.
It remains uncertain if these bills will progress as far as Iowa’s did. Notably, bills in West Virginia and Mississippi have already floundered. Arizona’s similar bill, approved by the Republican-led legislature, was vetoed by Democratic Governor Katie Hobbs.
Nevertheless, states contemplating laws akin to Texas’ lack Democratic governors.
Despite differing opinions on the Texas law, both supporters and detractors anticipate similar initiatives in other states as legislative sessions draw to a close in the coming months.
Ira Mehlman, a spokesperson for the Federation for American Immigration Reform, anticipates an increase in efforts by these jurisdictions to deter illegal settlements, given the immense challenges posed by illegal immigration.
Spencer Amdur, a senior staff attorney for the ACLU’s Immigrants’ Rights Project, hinted at potential legal challenges against the Iowa legislation, which Gov. Kim Reynolds intends to approve.
Amdur highlighted the federal scope of regulating entry and removal along with Supreme Court rulings barring states from independently enforcing immigration laws.
The proposed legislation may potentially lead to racial profiling, warned Jacob Hamburger, a visiting assistant professor of law at Cornell. He indicated that an affirmation of the Texas law by the courts could embolden Democrat-led states to advocate for more lenient immigration policies.
The potential adoption of such laws raises concerns about the treatment and rights of undocumented migrants within these states.
