Challenges mount for Texas bill that would let state deport undocumented migrants

The Mexican government said it rejects the proposal, and at least one group is preparing a federal lawsuit to challenge its constitutionality.

click to enlarge Texas law enforcement personnel apprehend a migrant in South Texas. - Wikimedia Commons / NoaLyckholm44
Wikimedia Commons / NoaLyckholm44
Texas law enforcement personnel apprehend a migrant in South Texas.
A new GOP-backed Texas bill that would make it a state crime to cross over the border from Mexico without documents and empowers non-federal authorities to carry out deportations is racking up opposition before it even hits Gov. Greg Abbott's desk.

First, the government of Mexico — whom observers have said would need to be a willing ally for Texas to effectively carry out Senate Bill 4 — said in an official statement that it “categorically rejects” the proposal. The measure, which has passed both the Texas House and Senate, calls for the "involuntary return of migrants without respect for due process," Mexican officials said.

Second, after groups including the ACLU of Texas hinted that they might take legal action to stop the bill's implementation, the League of United Latin American Citizens (LULAC) on Wednesday confirmed it's preparing a federal lawsuit challenging SB 4's constitutionality. Legal scholars have warned that the bill would intervene in immigration enforcement, which is the federal government's jurisdiction.

"LULAC opposes this out-of-control governor and Republicans in the legislature on a hateful rampage toward asylum seekers and refugees," LULAC National President Domingo Garcia said in an emailed statement. "Their actions violate federal sovereignty over immigration laws. We are urging the U.S. Department of Justice to intervene and seek a court injunction to stop the implementation of these harsh and illegal measures."

Beyond that, San Antonio U.S. Reps. Joaquin Castro and Greg Casar, both Democrats, have joined the Texas' House's Mexican American Legislative Caucus (MALC) in calling on the White House to block implementation of SB 4. The lawmakers also blasted Senate Bill 3, a Texas separate measure pumping $1.5 billion in taxpayer funds into border wall construction and other state efforts to crack down on immigration.

"Make no mistake — SB 4 does nothing to protect our border and everything to endanger the 1 in 4 mixed-status families in our state and American citizens," said Texas Rep. Victoria Neave Criado, MALC's chairwoman, in a statement. "The State of Texas will have to defend this unconstitutional policy in court and we urge our federal government to stop SB 4 from becoming law.”

Stay tuned.

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