'A Texas Solution To A Texas Problem': Texas Takes BOLD Action To Arrest, Deport Migrants

This week, Texas state lawmakers officially passed a bill through the Texas House that would allow state authorities to arrest, imprison, and potentially deport migrants who entered Texas illegally by crossing the Rio Grande. The move comes as the state of Texas has utilized nearly every aspect of its power to secure the southern border, including the deployment of thousands of national guardsmen via Operation Lone Star and the deployment of razor wire and buoys to deter crossings. The bill passed 83-61

This bill, which was passed on Tuesday after being passed in the Senate, mandates that it would be a crime for any person to illegally enter the United States, and it gives local police the authority to arrest those in violation of the law. Local judges could also be granted the authority to subsequently deport those individuals, a legal maneuver that has been the sole responsibility of the federal government. The bill would likely face considerable legal hurdles due to the Supreme Court case Arizona v. United States, which prevents the empowering of local and state authorities to enforce federal immigration laws.

Despite these potential legal roadblocks, Rep. David Spiller (R) explained that "Texas has the right, authority, and ability to protect its borders," and it is "a Texas solution to a Texas problem." Some lawmakers, however, disagreed with the assessment that Texas has the constitutional authority to deport illegal migrants. Sen. Brian Birdwell (R) argued that only the federal government has the authority to carry out such an action. "We are setting a terrible precedent for the future by invalidating our obedience and faithfulness to the Constitution," he said, as reported by the Wall Street Journal.

Last week, 30 former immigration judges agreed with Sen. Birdwell, writing, "The proposed law should offend those who treasure our constitutional protections. And legislators should consider the long-term repercussions of their essentially proclaiming that the Constitution, federal law, and due process can simply be ignored."

The Biden administration has allowed over eight million migrants to enter the United States since President Biden took office in January 2021. His unwillingness to secure the southern border requires bold action and at least an attempt by state lawmakers to challenge existing law and allow the courts to decide whether or not Texas has the authority to enforce its own border. In order for Texas to be granted the right to deport illegal aliens, the Supreme Court will likely have to revisit Arizona v. United States and decide whether, like various past cases that have come before this conservative court, it is willing to transform the legal landscape.

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