A group of migrants follow a state trooper vehicle after surrendering in Eagle Pass on July 29, 2023. Two groups have filed a lawsuit to stop a new Texas law that would make illegally crossing the border a state crime. The law, which Abbott signed on Monday and is scheduled to take effect March 5, violates the U.S. Constitution because Congress has given the federal government sole authority over immigration enforcement.
The lawsuit argues that the law would prevent immigrants from requesting asylum in the U.S., a right they have regardless of how they enter the country. The groups filed the lawsuit on behalf of El Paso County and two immigrant rights organizations — El Paso-based Las Americas Immigrant Advocacy Center and Austin-based American Gateways. The groups are asking a federal judge to prevent Texas from implementing the law and declare it unlawful