Republican lawmakers across the country were already jockeying to inject their states deeper into immigration enforcement when the Supreme Court, if only briefly, let Texas enforce a new law giving police broad powers to arrest migrants suspected of crossing the border illegally. Within hours Tuesday, another court blocked it again.
People gather for a news conference of the Tennessee Immigrant and Refugee Rights Coalition outside the state Capitol, Tuesday, March 19, 2024, in Nashville, Tenn. Members of the group came to the state Capitol to lobby legislators to vote against legislation that require local law-enforcement agencies to operate as if they have federal 287 agreements and a bill criminalizing transportation of undocumented immigrants.
Meanwhile, it’s yet to be seen whether a number of other Republican-led states, many of which are pushing different bills and sending their National Guard members to the border, will embrace the Texas-style bill, particularly if another court ruling favors the state. Muzaffar Chishti, a senior fellow at the Migration Policy Institute, said these kinds of immigration policies are typically driven by political motivation and come with serious complications for resource-strapped law enforcement agencies that are generally untrained in immigration enforcement.
“The federal government has abdicated its responsibilities and states can and must act,” Republican Rep. Steven Holt said. Even though the Texas law is again on hold, the former U.S. representative said he thinks courts are moving toward giving states more authority, boding well for legislation like his.
The Texas law is considered by opponents to be the most dramatic attempt by a state to police immigration since an Arizona law more than a decade ago, key portions of which were struck down by the Supreme Court. That law would have allowed police to arrest people for federal immigration violations, often referred to by opponents as the “show me your papers” bill.
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