Story of the Week •
March 21st, 2024
Can Texas Create Its Own Immigration Policy?
Brandon Bell / Getty Images
A new immigration bill signed into law in Texas is raising constitutional concerns and criticisms of federal immigration policies.
Texas' Senate Bill 4 would make unlawful entry into Texas a state crime, empowering state troopers and cops to arrest individuals suspected of crossing the border illegally and giving state judges the power to issue deportations.
Soon after the bill was signed, the Biden Administration moved to stop its implementation, arguing the law interferes with federal jurisdiction over immigration enforcement. Texas Republicans argued the law is needed to make up for a purported deficiency in federal immigration enforcement. The law was initially blocked by a federal judge. On Tuesday, the Supreme Court temporarily allowed its enforcement, but an appeals court blocked it hours later.
For now, the law is in legal limbo.
In media outlets, voices across the spectrum are debating the merits of the bill. Some left-rated voices argue the bill would lead to racial profiling and could compromise national security policy. Some right-rated voices argue Texas is defending both its own and the nation's sovereignty and is doing what President Joe Biden refuses to do.
In Newsweek (Center bias), Raul A. Reyes (Lean Left bias) argued the law would "infringe upon the civil rights of legal residents, lawful immigrants, and Latinos in Texas." Additionally, Reyes stated that the law conflicts with U.S. foreign policy, writing, "If Texas were to begin deporting migrants on its own, it could impede our relations with Mexico and other nations ... As frustrated as he might be about illegal immigration, Abbott cannot lawfully create a system that supersedes that of the federal government."
A writer in The Nation (Left bias) stated that Texas is giving its “morally stunted voters more of what they want: racism.” The writer argued the law would empower cops to arrest individuals suspected of being unauthorized, and would lead to racial profiling, stating, “How can they tell if a person is an ‘illegal immigrant’ versus just a brown person walking down the street in Dallas? That’s the fun part (for racists): They can’t.”
In the National Review (Right bias), Noah Rothman (Right bias) argued the law would be “a godsend for Joe Biden if he can summon the courage to ignore his progressive critics.” Pushing back on fears the bill will lead to racial profiling, Rothman stated, “Texas police officers are still not allowed to engage in illegal discrimination, nor are they authorized to stop suspected illegal immigrants purely on the basis of their immigration status.” Rothman concluded, “Texas is willing to do its part to rescue Biden from the bad judgment of his progressive allies.
A writer in Townhall (Right bias) called for Texas officials to act quickly, writing, "Legislatures in session need to drop everything and pass the Texas law, then act." Expressing outrage at the state of the border, the writer argued, "This is the chance for Republican legislatures and governors to set that example; to deport as many illegals as humanly possible, as quickly as possible. But they need to act now."
More from AllSides
- Opinion from the Center: "This is one of the few instances in his political career where Trump’s instincts are encouraging a more cautious approach."
- AllSides Bias Audits: Just 3% of journalists, or three out of 100, identify as Republican, according to a 2022 study. Here's where AllSides comes in.
- Media Bias Alert: Trump said there will be a "bloodbath" if he loses the election. Outlets across the spectrum interpreted this differently.
- 2024 Voter Guides: Here's where the presidential candidates stand on immigration, abortion, healthcare, gun control, education, and foreign policy.
More from the Right
Texas, the Border and the Supreme Court
The Wall Street Journal (opinion)
"This controversy is about legal process, not the merits, and anyone claiming otherwise is playing politics. S.B.4, which would let Texas arrest border crossers and order them to exit the country, is in tension with the Supreme Court’s precedent in Arizona v. U.S. (2012). Federal Judge David Ezra blocked the Texas effort, saying it 'conflicts with key provisions of federal immigration law, to the detriment of the United States’ foreign relations and treaty obligations.'"
More from the Center
Texas immigration law SB4 returns to court in legal whiplash
NewsNation
"Regardless of how 5th Circuit rules on temporarily blocking the law, arguments are scheduled for next month to determine its constitutionality. The ongoing legal battle suggests the case could return to the Supreme Court."
More from the Left
Supreme Court lets Texas carry out its bigoted immigration law
MSNBC (opinion)
"Texas Republicans effectively have gotten what they wanted: a green light to target people who appear, by state law enforcement officers’ reasoning, to be in the U.S. illegally. But this is a be-careful-what-you-ask-for situation: Tuesday’s ruling makes it likely that Texas will soon face mass demonstrations and other backlash against what is inarguably the harshest immigration law in the country."
