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New Texas law allows prosecution of migrants entering US from Mexico

Texas Gov. Greg Abbott (R) signed a new law Monday that will allow state law enforcement to prosecute migrants entering the United States from Mexico, likely setting up a legal battle with the federal government over the powers of immigration. 

Abbott signed the law, which will be enacted in March, during a ceremony in Brownsville, Texas, in front of the border wall Monday evening. He cited the increasing number of migrant encounters as the reason for signing the legislation; it is just his latest move to address immigration at the state level. 

“The goal of Senate Bill 4 is to stop the tidal wave of illegal entry into Texas. It creates a criminal offense for illegal entry into Texas from a foreign nation for repeat offenders, that creates the events of illegal reentry with a potential prison sentence term of up to 20 years,” Abbott said at the bill signing ceremony.

“The bill provides a mechanism to order an illegal immigrant to return to the foreign nation from which they entered,” he added.

This new law will allow any Texas law enforcement officer to arrest those who are suspected of entering the country illegally. After being arrested, they will either agree to a judge’s order making them leave the U.S. or be charged on misdemeanor charges of illegal entry under the new law.


The federal government is responsible for immigration policy, but Abbott and other state officials have said that the Biden administration is not doing enough to address the situation at the border. 

“Biden’s deliberate inaction has left Texas to fend for itself,” Abbott said, suggesting that Texas has a right to defend itself. 

Abbott also signed two additional bills addressing border security Monday, including authorizing the construction of more walls along the border and addressing the surge in migrant smuggling at the border. 

This comes after the Customs and Border Protection agency announced Sunday that two international railway crossing bridges in Eagle Pass and El Paso will be closed starting Monday amid a recent surge in migrant smuggling at the border.

The Associated Press contributed.