Texas: Federal Judge Expresses Concern About State Law SB4 That Allows Police To Arrest Illegal Migrants

The federal government and the state of Texas are sparring over a controversial Texas law known as SB4, an anti-immigration law that allows police to arrest illegal immigrants or those they think are illegal immigrants, with the judge expressing his skepticism regarding it.

SB4 has been described as "the latter's Senate Bill 4, an unprecedented anti-immigrant law creating a state deportation scheme."

The bill, set to take effect on March 5, has many in the Latino community worried as the law's wording may deport many, even if they are US citizens, as police may arrest them on suspicion of being illegal.

US District Judge David Ezra, a Reagan appointee, expressed his skepticism about the law, pointing out that it may be unconstitutional and should be blocked. He then asked Texas State Attorney Ryan Walters several skeptical questions and criticized the bill as sloppy.

The judge told the Texas lead lawyer that he found SB4 to be lacking in care, saying, "A little more care, in fact maybe a lot more care, could have gone into the drafting of this statute."

He also warned that the law might lead to each state having its own immigration system, which would be problematic to the US government as it would "turn us from the United States of America to a confederation of states," which was what the US Civil War previously tried to prevent.

He also criticized one of the Texas law's provisions, noting, "It just slaps the federal immigration law right in the face."

Judge Ezra, a noted conservative, concluded the hearing by saying that he would decide on enjoining the law "as quickly as [he] possibly can" and well before the March 5 deadline.

What Is New Texas Law, SB4, Exactly?

The US Justice Department filed a lawsuit to block the law from taking effect, with many opponents calling the Texas law "the most dramatic attempt by a state to police immigration since a 2010 Arizona law" that was previously struck down by the Supreme Court.

This begs the question, what exactly is SB4? According to the Associated Press, it is a law that "would allow any Texas law enforcement officer to arrest people who are suspected of entering the country illegally." Those arrested are then given two options: they could either agree to a local Texas judge's order to leave the US or be prosecuted on a misdemeanor charge of illegal entry. Those who are arrested again could be charged with a more serious felony,

However, the US Constitution explicitly says that the matters of immigration fall under the jurisdiction of the US federal government, not the states.

Federal Government and Its Feud With Texas Governor Greg Abbott Over the Border

Texas Governor Greg Abbott has been accused of violating various US laws with his various policies regarding the US-Mexico border, from his controversial floating barriers along the Rio Grande to SB4, which he has been pushing.

As the Texas Tribune noted, these conflicts with the federal government often led to lawsuits, and in one case, the Supreme Court even got involved, siding with the Biden Administration over a lawsuit filed by the state, claiming that its policies were "open boarder policies." Abbott also recently lost a case against the federal government, with the Supreme Court finding that federal agents can indeed cut the razor wire placed by Abbott to stop migrants.

This article is owned by Latin Post.

Written by: Rick Martin

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