Texas Immigration Law Faces Federal And International Hurdles

The Texas law that criminalizes migrants and allows state judges to deport them back to Mexico has faced many roadblocks in the courts, but still faces two major problems: the U.S. and Mexican federal governments.

The law, known as Senate Bill 4, has been blocked by federal courts, but according to the Dallas Morning News, even if the courts uphold the law, Texas will still have to solve the problem of the federal government’s pushback because deportations are carried out through agreements between the two countries. 

The Biden administration has said federal authorities will refuse to accept migrants apprehended under the Texas law.

For its part, the Mexican government has said it will reject Texas’ efforts to deport migrants.

“As stated since the law was debated in the Texas legislature last year, Mexico categorically rejects any measure that allows state or local authorities to exercise immigration control, and to arrest and return nationals or foreigners to Mexican territory,” the Mexican Foreign Ministry wrote in a press release.

Mexico Foreign Affairs Secretary Alicia Bárcena also said that the country won’t allow the deportation by state authorities no matter whether they are Mexican citizens or people from other countries.

Without the cooperation of both governments, it is still unclear how the Texas law will actually work. The state hopes that local or state authorities will escort migrants to a port of entry and turn them over to federal authorities.

Lawyers for the state have said in court that if both Mexico and the U.S. refuse to help Texas with the deportation, the migrant will be apprehended again.

“What happens if federal agencies decline to accept a migrant?” asked Chief Judge Priscilla Richman of the U.S. Court of Appeals for the Fifth Circuit.

Texas Solicitor General Aaron Nielson said he believes the migrant would be arrested again, though he’s not sure because the law hasn’t been enforced yet and those kinds of questions are difficult to answer.

For now, Texas cannot enforce SB4 as the court hears arguments on the issue today.