Keith Mack
Texas counties cannot have their own immigration laws, as the federal government regulates immigration law through the legislative principle of preemption, which prevents individual states from passing their own immigration laws. However, states are permitted to pass laws regulating which services and benefits are available to illegal immigrants, and Texas has passed laws that target sanctuary cities, banning them from discouraging cooperation with federal immigration enforcement. The state has also passed Senate Bill 4, which gives law enforcement the power to arrest and jail migrants on state-level illegal entry charges and allows judges to issue deportation orders.
| Characteristics | Values |
|---|---|
| Can Texas counties have their own immigration laws? | No, the federal government regulates immigration law through the legislative principle of preemption, which prevents individual states from passing their own immigration laws. |
| Immigration laws in Texas | The 287(g) Program created a partnership between state and local law enforcement and ICE to identify and remove aliens. |
| Texas Senate Bill 4 | Signed into law in May 2017 by Governor Greg Abbott, it banned sanctuary cities in the state and authorized law enforcement officers to ask arrested or detained individuals about their immigration status. |
| Texas Senate Bill 4 (Update) | Signed by Governor Greg Abbott in 2023, it would allow law enforcement to arrest migrants for illegal entry and give judges the power to order them to leave the country. |
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What You'll Learn
- The federal government 's legislative principle of preemption prevents individual states from passing their own immigration laws
- Texas Senate Bill 4, signed into law in 2017, banned sanctuary cities in the state
- The Texas Supreme Court rejected a Biden Administration emergency request to prevent Texas from arresting and deporting migrants
- The Texas-Mexico border was established in 1850, and the state's history of racial discrimination has impacted its immigration laws
- The 287(g) Program created a partnership between Texas state and local law enforcement and ICE to identify and remove aliens
The federal government 's legislative principle of preemption prevents individual states from passing their own immigration laws
The U.S. Constitution, which came into effect on March 4, 1789, is the foundation of legal authority in the country. It empowers the U.S. Congress to pass federal immigration and citizenship laws, which individual states cannot supersede. This is known as the legislative principle of preemption, which prevents states from passing their own immigration laws. The Constitution outlines that federal immigration laws must align with constitutional principles, particularly those in the Bill of Rights and the Fourteenth Amendment.
The Fourteenth Amendment, ratified in 1868, significantly expanded citizenship rights, introducing the principle of jus soli (right of the soil). This principle asserts that individuals born or naturalized in the U.S. are citizens, regardless of their parents' status. This has allowed many immigrants and their children to achieve citizenship, in contrast to the jus sanguinis (right of blood) practiced in some other countries. The Fourteenth Amendment has also served as the basis for a broad range of protections extended to both citizens and immigrants in the U.S.
While states cannot pass their own immigration laws, they can implement policies that impact immigration. For example, Texas Senate Bill 4, signed into law in 2017 by Governor Greg Abbott, banned "sanctuary cities" in the state. Sanctuary cities are those that discourage cooperation with federal authorities on immigration law enforcement, often to reduce fears of deportation and family separation. Abbott's bill authorized law enforcement officers to ask about an individual's immigration status and required police officers to aid the government with federal immigration enforcement. This bill was challenged by the Justice Department under the Biden administration as unconstitutional and seeking to supersede federal authority.
Despite these challenges, Texas has continued to pursue state-level control over immigration enforcement. For instance, Abbott has authorized busing tens of thousands of migrants to Democratic-controlled cities and installed giant buoys in the Rio Grande to deter migrants from crossing the river from Mexico. These actions reflect a broader trend of states attempting to exert control over immigration enforcement within their borders, even if they cannot pass their own immigration laws.
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Texas Senate Bill 4, signed into law in 2017, banned sanctuary cities in the state
Texas Senate Bill 4, signed into law by Governor Greg Abbott in May 2017, banned sanctuary cities in the state. The bill was passed in the wake of an executive order by the Trump administration that threatened to cut federal funding to states and cities with sanctuary jurisdictions. The bill prohibits certain local government officials and higher education campus police departments from adopting or enforcing policies associated with sanctuary cities.
Sanctuary cities discourage cooperation with the federal government on the enforcement of immigration law by following the principle of "Don't Ask, Don't Tell" to reduce fears of deportation and family separation. Texas Senate Bill 4 compels local law enforcement to honor requests, called detainers, by US Immigration and Customs Enforcement (ICE) to hold people beyond the time they would be held for any criminal charges. The bill also allows law enforcement officers to ask an arrested or detained individual about their immigration status and requires police officers to aid the government with federal immigration enforcement.
The bill has been criticized by immigrant-rights activists, who argue that it will lead to profiling and discrimination. The Justice Department under the Biden administration also sued Texas over concerns that the law was unconstitutional and sought to supersede federal authority. The Texas Legislature's GOP-led Senate passed the bill despite objections from Democrats.
Texas Senate Bill 4 imposes penalties on entities and officials that do not comply with the law. These penalties include a civil penalty of up to $25,500 for each day of violation, a Class A misdemeanor for a sheriff, chief of police, or constable who fails to comply with federal immigration detainer requests, and removal from office for any elected or appointed official who does not comply with the law.
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The Texas Supreme Court rejected a Biden Administration emergency request to prevent Texas from arresting and deporting migrants
In March 2024, the Texas Supreme Court rejected a Biden Administration emergency request to prevent Texas from arresting and deporting migrants. The Justice Department had sued Texas over concerns that the law, known as Senate Bill 4, was unconstitutional and sought to supersede federal authority. The law, signed by Republican Gov. Greg Abbott in 2023, would allow law enforcement to arrest migrants for illegal entry and give judges the power to order them to leave the country. Abbott argued that the law was necessary to reduce migrant crossings and that the Biden administration was not doing enough to deter illegal immigration.
The Biden administration countered that SB4 interferes with federal immigration enforcement, disregards U.S. asylum law, and jeopardizes foreign relations with Mexico, which has denounced the law as "anti-immigrant." The Justice Department also argued that the law would create chaos in the United States' efforts to administer federal immigration laws in Texas. In response to the rejection of their emergency request, the Biden administration has taken several steps to challenge Texas's immigration policies.
Texas's Senate Bill 4 is not the first time the state has attempted to exert control over immigration enforcement. The Texas Senate Bill 4, signed into law in 2017, banned "sanctuary cities" in the state and authorized law enforcement officers to inquire about the immigration status of detained or arrested individuals. This law was in line with the Trump administration's executive order, which threatened to cut federal funding to states and cities with sanctuary jurisdictions.
The Supreme Court's decision to reject the Biden administration's emergency request has significant implications for immigration policy and federal-state relations. It remains to be seen whether the Biden administration will be successful in challenging Texas's immigration laws and asserting federal authority in this area.
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The Texas-Mexico border was established in 1850, and the state's history of racial discrimination has impacted its immigration laws
Federal laws banning Asian immigration and the national origins quota system, which prioritized northern and western Europeans, further contributed to the racial animus of U.S. immigration policy. Mexicans, who previously travelled freely across the border, began to face restrictions in the 1920s, fuelling nativist discourse that portrayed Mexican immigrants as criminals. This racist narrative influenced the creation of the Border Patrol, which was tasked with patrolling the border and enforcing these discriminatory policies.
In more recent times, Texas has continued to face criticism for its immigration policies. In 2017, Governor Greg Abbott signed Senate Bill 4 into law, banning "sanctuary cities" and requiring law enforcement officers to aid in federal immigration enforcement. This law was challenged by the Justice Department under the Biden administration, which argued that it was unconstitutional and sought to supersede federal authority. Abbott also enacted other controversial measures, such as busing migrants to Democratic-controlled cities and installing deterrents in the Rio Grande to prevent crossings from Mexico.
Texas's history of racial discrimination has undoubtedly influenced its approach to immigration laws and enforcement. The state's complex and evolving legislation in this area underscores the importance of staying informed for immigrants and those assisting them. While Texas counties cannot create their own immigration laws, they have, at times, resisted cooperation with federal enforcement, and the state as a whole has sought greater control over immigration policy.
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The 287(g) Program created a partnership between Texas state and local law enforcement and ICE to identify and remove aliens
Immigration law in the United States is a federal matter, and Texas, as a state, is required to adhere to the rules and regulations set by the federal government. However, Texas Senate Bill 4, signed into law in May 2017 by Governor Greg Abbott, banned "sanctuary cities" in the state, allowing law enforcement officers to question individuals about their immigration status and requiring police officers to aid the government with federal immigration enforcement. This indicates a degree of involvement and influence of Texas counties in immigration laws, particularly through their partnership with ICE under the 287(g) Program.
The 287(g) Program, also known as the Memorandum of Agreements (MOAs) or the 287(g) contracts, is a partnership between Texas state and local law enforcement agencies and ICE (Immigration and Customs Enforcement). This program allows designated officers within local agencies to act as immigration law enforcement agents, identifying and removing aliens or foreign nationals who are subject to deportation from the country.
Under the 287(g) Program, ICE forms agreements with state or local agencies, most commonly county sheriffs that manage local jails. These agreements delegate specific immigration enforcement authority to designated officers, enabling them to question individuals about their immigration status, prepare documents for immigration violations, and order the continued detention of those believed to be subject to deportation. As of May 2017, there were 40 287(g) "jail agreements" nationwide, with 25 of them in Texas.
The 287(g) Program has been controversial, with critics arguing that it has led to illegal racial profiling, civil rights abuses, and the diversion of resources from traditional local law enforcement functions. Researchers have found that these programs foster environments that increase racial profiling, disproportionately impacting Latino and Black community residents. Additionally, the 287(g) Program has been associated with family separations and the isolation of immigrant communities. Despite these concerns, some states with strong anti-immigrant sentiments, such as Florida, have expanded their 287(g) programs.
In Texas, the Harris County Sheriff Department and the Carrolton Police Department previously had 287(g) agreements, but both terminated their participation in 2017 and 2018, respectively, due to civil rights concerns and costs. While Texas has a significant number of 287(g) agreements, the exact number and the counties involved may have changed since 2017, and it is advisable to refer to the latest data for an accurate count.
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Frequently asked questions
Immigration law refers to the federal government's rules that determine who is allowed to enter the country and for how long, as well as the rights and responsibilities of those individuals.
No. The federal government regulates immigration law, which prevents individual states from passing their own immigration laws. However, states are permitted to pass laws regulating which services and benefits are available to illegal immigrants.
The 287(g) Program is a partnership between state and local law enforcement and ICE to identify and remove foreign nationals.
Senate Bill 4 (SB4) is a Texas law that prohibits certain local government officials and higher education campus police departments from adopting or enforcing immigration policies. It also allows Texas law enforcement to arrest migrants for illegal entry and gives judges the power to order them to leave the country.
Texas has a long history of racial discrimination against Mexican Americans, and the state's attempt to target sanctuary cities has been criticised as running against the state's racist past.
