AUSTIN --
Civil rights organizations on Tuesday filed a lawsuit challenging the constitutionality of a new Texas law that would allow police to arrest migrants who cross the border illegally and permit local judges to order them to leave the country.
The lawsuit, filed in federal court in Austin, argues that the measure that is set to take effect in March is unconstitutional because the federal government has sole authority over immigration.
The American Civil Liberties Union, its Texas branch, and the Texas Civil Rights Project sued less than 24 hours after Republican Gov. Greg Abbott signed the measure during a ceremony on the U.S.-Mexico border in Brownsville.
The civil rights groups filed the lawsuit on behalf of El Paso County and two immigrant aid groups seeking to block enforcement of the measure, known as SB 4, and declare it unlawful.
"S.B. 4 creates a new state system to regulate immigration that completely bypasses and conflicts with the federal system," the lawsuit states.
The lawsuit was filed against the head of the Texas Department of Public Safety, whose troopers could arrest migrants, and the El Paso County district attorney, whose office would potentially prosecute cases in that border community.
A spokesperson for the Texas Department of Public Safety (DPS) declined to comment on Tuesday, citing the pending litigation. The office of Governor Greg Abbott did not respond to an email seeking comment. When contacted, a representative from Representative Todd Hicks' office stated that he was unavailable and had no immediate comment.
Supporters of the measure, including Abbott and other Texas Republicans, argue that President Joe Biden's administration is not taking sufficient action to control the 1,950-mile southern border. During a ceremony on Monday where Abbott signed the measure into law, he expressed confidence that it would withstand legal challenges.
According to the lawsuit, DPS Director Steve McGraw informed lawmakers that his agency estimates around 72,000 arrests will be made each year under the new law.
The newly enacted law grants Texas law enforcement officers the authority to arrest individuals suspected of entering the country illegally. Once in custody, these individuals can either comply with a Texas judge's order to leave the United States or face misdemeanor charges for illegal entry. If they choose not to leave, they may be arrested again on more serious felony charges.
Opponents of the measure have criticized it as the most significant effort by a state to enforce immigration since Arizona's 2010 law, known as the "Show Me Your Papers" bill, which was largely invalidated by the U.S. Supreme Court. The lawsuit references the Supreme Court's 2012 decision on the Arizona law, which affirmed that the federal government holds exclusive authority over immigration matters.
"The bill overrides bedrock constitutional principles and flouts federal immigration law while harming Texans, in particular Brown and Black communities," a representative from the ACLU of Texas stated.
Earlier Tuesday, ACLU affiliates in multiple states issued a travel advisory cautioning travelers about potential civil and constitutional rights violations when passing through Texas.
As part of Abbott's border security efforts, Texas has transported over 65,000 migrants to cities across America since August 2022 and installed razor wire along the banks of the Rio Grande.
