(Washington) A US federal court on Thursday suspended the entry into force of a controversial law promulgated by Texas criminalizing illegal entry into this South American state, bordering Mexico, a prerogative in principle reserved for federal authorities.
A declared supporter of Donald Trump, who made the rejection of immigration a major axis of his electoral campaign, the Republican governor of Texas, Greg Abbott, has openly defied for months the authority of the administration of Democratic President Joe Biden, accusing it of “deliberate inaction” in the face of the influx of migrants which he describes as an “invasion”.
The so-called “SB 4” law, signed in December and supposed to take effect on March 5, creates a “criminal offense of illegal entry into Texas from a foreign country,” punishable by six months in prison, or up to 20 years in the event of a repeat offense.
It gives state authorities the power to arrest migrants and deport them to Mexico, prerogatives in principle falling to federal authorities.
A federal judge, contacted by the Ministry of Justice, NGOs supporting immigrants and a local community, suspended its entry into force, before a subsequent decision on the merits.
“States do not have powers over immigration unless authorized by the federal government,” the judge underlines in particular in his explanatory statement.
The law further undermines “the foreign relations of the United States and its treaty obligations,” he adds, with particular reference to relations with Mexico.
Basically, “if SB 4 were allowed to go into effect, it would pave the way for each state to adopt its own version of immigration laws,” he warns.
Texas immediately appealed this suspension.
“Texas has the right to defend itself due to President Biden’s continued failure to defend our state against invasion at our southern border,” Governor Abbott said, expressing his readiness to bear the case all the way to the Supreme Court.