“The purpose of this law – SB4 – is to stop the wave of illegal entry of aliens into Texas.” With these words quoted by EFE, the controversial governor of that state, Greg Abbott, signed on Monday, December 18, 2023, the legal instrument “that allows the police to detain and expel migrants to Mexico.”

This is “a law that will make it a crime to enter Texas without documentation and will allow local and state police officers to arrest people they consider “suspicious” for being in the United States illegally,” Univision News reports .

Along with SB4, Abbott signed SB3, “which has more than $1.5 billion to implement measures related to border security. Among them, it is considering building even more miles of border wall between Texas and Mexico.”

“Today (Monday) in Brownsville, I signed three new laws to better protect Texans AND Americans from Biden’s open border policies. Illegal entry into Texas is now a crime punishable by deportation or prison time,” said Abbott via his account on X (formerly Twitter).

Five keys to the SB4 law

1. What does SB4 do?

SB4 is “considered one of the strictest anti-immigrant laws in American history,” EFE points out.

It makes it a crime for a foreigner to “illegally enter or attempt to enter the state from a foreign nation.”

The crime becomes a serious misdemeanor, punishable by up to 20 years in prison if the perpetrator is a repeat offender.

With SB4, “local and state police will be able to arrest any person they believe has crossed the border illegally and file charges against them in court,” Univisión explains.

The judge in the case may order the suspect’s deportation to Mexico or arrest, depending on the severity of the crime.

The law allows state judges to order the deportation of people without due process. Most controversially, police officers can arrest any individual they suspect has entered the country illegally and have the discretion to deport them to Mexico.

The SB4 law makes illegal crossings from Mexico into Texas a crime. The penalties in this case can be up to six months in prison.

Univision

2. How will SB4 be applied?

Under what conditions can authorities determine that someone is undocumented and has entered the border without permission?

That is the most controversial point that critics of the law emphasize.

The American network points out that “it is not clear whether a state judge can order the deportation of a person from the country, in addition to the fact that Mexico does not have to receive deportees if they are not sent within the agreements it has made with the U.S. Federal Government.”

Operation Lone Star: This is how the Texas National Guard infiltrated to spy on migrants planning to cross the border into the United States

As a Hispanic without papers, this mechanic – Gelasio Velásquez – waited anxiously for the Texas anti-immigrant law SB4 to come into effect. Photo: EFE/Alicia L. Pérez

3. Will racial profiling be used in law enforcement?

The use of racial profiling “is expressly prohibited by U.S. law because it violates the constitutional standard of freedom from unreasonable searches and seizures.”

This potential use is raising concerns among immigrant defense activists.

According to David Spiller, one of the authors of the legislation, “the majority of enforcement, 95%, would occur within 50 miles of the border.”

“We’re not going after someone who’s been here for two years, five years, ten years.he said last November, according to Univision.

EFE noted that Governor Abbott – in response to activists’ concerns – emphasized that the application of this law “will focus on the border.”

They are building a new ‘anti-climbing wall’ with barbed wire to prevent migrants from entering Texas

4. What effect could SB4 have on border communities?

Richard Wiles, sheriff of El Paso, Texas, thinks SB4 “will damage community relations, burden local taxpayers and overcrowd county jails.”

5. What’s the problem if SB4 only reflects federal law?

In the United States, administration of the immigration system is constitutionally reserved for the federal government.

Critics of the legislation claim they are unconstitutional and cite the precedent of SB1070, a similar bill passed in Arizona in 2012 that was struck down by the Supreme Court because it was deemed to usurp federal functions. -owned. “

With information from Univision and EFE

(JO)