Federal Judge Blocks New Texas Law to Arrest Illegal Immigrants

A Texas National Guard soldier watches as an illegal immigrant walks into a makeshift camp in El Paso, Texas, on May 11, 2023. John Moore/Getty Images

A federal judge on Feb. 29 temporarily blocked a Texas law that would allow state police to arrest people who are suspected of illegally crossing the U.S.–Mexico border.

Senate Bill 4, which was signed by Gov. Greg Abbott in December 2023, was slated to go into effect on March 5. However, U.S. District Judge David Ezra ruled that it violated the U.S. Constitution’s supremacy clause that grants the federal government sole authority over immigration matters.

The judge also rejected Texas’s arguments that it was being invaded under the Constitution’s Article IV.

In his order, Judge Ezra, a Reagan appointee, said the law would run afoul of federal immigration laws and claimed Texas would then be able to “permanently supersede federal directives,” which would “amount to nullification of federal law and authority.” According to the judge, that’s a “notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War.”

As a result, he argued, the federal government would “suffer grave irreparable harm” because other states would be inspired to pass similar measures.

“SB 4 threatens the fundamental notion that the United States must regulate immigration with one voice,” he wrote.

At a Feb. 15 hearing, Judge Ezra expressed skepticism as the state pleaded its case for what is known as Senate Bill 4. He also said he was somewhat sympathetic to the concerns expressed by Mr. Abbott and other state officials about the unprecedented influx of illegal aliens. Judge Ezra then expressed his concern that the United States could become a confederation of states enforcing their own immigration laws.

“That is the same thing the Civil War said you can’t do,” he told the attorneys.

A lawyer for the state of Texas argued in court that because of the deluge of illegal immigrants, enabled by drug cartels and smugglers, it’s tantamount to an invasion and that the state has the right to defend itself under the Constitution.

However, the judge said that while he was “sympathetic” to the state’s concerns, he was skeptical of the lawyer’s argument.

“I haven’t seen, and the state of Texas can’t point me to any type of military invasion in Texas,” Judge Ezra said. “I don’t see evidence that Texas is at war.”

Hours later, Texas Attorney General Ken Paxton confirmed that he filed an appeal against the judge’s ruling, describing it as an “incorrect decision.”

“Texas has a clear right to defend itself from the drug smugglers, human traffickers, cartels, and legions of illegal aliens crossing into our State as a consequence of the Biden Administration’s deliberate policy choices,” he said. “I will do everything possible to defend Texas’s right to defend herself against the catastrophic illegal invasion encouraged by the federal government.”

Mr. Abbott, a Republican, has backed the law, saying that it would complement his efforts to provide better border security, noting that his state has dealt with a surge of illegal crossings in recent years. Other measures that Mr. Abbott has implemented are a barrier in the Rio Grande, razor wire barriers at certain border crossings, and prohibiting federal agents who have been tasked by the Biden administration with undoing the measures from accessing border areas in Texas.

Other state Republicans who back the law have said it wouldn’t target immigrants already living in the United States because of a two-year statute of limitations on the illegal entry charge and would be enforced only along the state’s border with Mexico.

Civil rights groups, including the American Civil Liberties Union (ACLU), as well as other groups in favor of illegal immigration, have said they oppose the measure. A director at the American Gateways group told the Texas Tribune she believes the law is “based on xenophobia and racism,” while not making “our communities safer,” without elaborating.

“No state has the right to unilaterally decide who gets to be American,” David Donatti, a senior staff attorney with the ACLU of Texas, told the outlet. “Doing so violates the Constitution, undermines human rights, and damages international relations.”

In the meantime, tensions have remained high between Texas and the Biden administration this year over who can patrol its border with Mexico and how. Other Republican governors have expressed support for Mr. Abbott, who asserts that the federal government isn’t doing enough to enforce immigration laws.

Several governors visited the U.S.–Mexico border in Texas early in February to show solidarity with Mr. Abbott’s efforts, while some pledged to send National Guard personnel to assist.

In a statement, the governor again said that President Joe Biden “has abandoned his constitutional duty to protect Americans by refusing to secure our southern border,” adding records for illegal immigration have been “smashed” under his administration. He also defended his policy of continuing to set up razor wire along the border after the U.S. Supreme Court ruled in favor of the federal government, saying that agents must be provided access to the area.

A recent poll, meanwhile, revealed that about six in 10 Americans believe illegal immigration is a “very serious problem,” noting that concerns about the issue are higher during the Biden administration than under the two previous presidents. Moreover, the survey, from Monmouth University, revealed another 23 percent see it as a “serious problem.”

The Associated Press contributed to this report.