Texas asks court to decide if SB4 law against migrants is excessive

Austin. A lawyer defending Texas’ plans to arrest migrants who enter the United States illegally announced to a panel of federal judges on Wednesday that the law may have “gone too far,” but that will be up to the court to decide.

The comment was made to a panel of the 5th U.S. Circuit Court of Appeals that previously stopped Republican Governor Greg Abbott’s strict immigration measure. Similar proposals, which would allow local police to detain migrants, are moving through other GOP-run statehouses, including many located far from the U.S.-Mexico border.

Last month, Texas was able to apply the law for a confusing few hours before it was suspended by the same three-judge panel that heard arguments Wednesday. No arrests were announced during that brief period.

“What Texas has done here is examine the Supreme Court precedents and try to develop a statute that goes up to the line of the Supreme Court precedents, but not beyond,” stated Texas government attorney Aaron Nielson. “Now, to be fair, maybe Texas went too far and that’s the question this court is going to have to decide.”

The panel did not indicate whether it believed Texas had overstepped its bounds, but later questioned Nielson about the details and application of the law.

During the hour-long hearing in New Orleans, the Justice Department argued that Texas was trying to usurp the federal government’s authority over immigration. Texas, however, insisted that it would collaborate with the federal government.

The law, known as SB4, allows any Texas police officer to detain people suspected of entering the country illegally. Once detained, migrants could accept a Texas judge’s order to leave the United States or be prosecuted for a misdemeanor charge of illegal entry. Migrants who do not leave the country could be arrested again for more serious crimes.

Asked how the state would enforce judges’ orders for migrants to return to the country from which they entered the United States illegally, Nielson said they would be turned over to federal officials at ports of entry. He then stumbled to explain how that is different from what is happening now at the border.