How Texas' plans to arrest migrants for illegal entry work after SB 4 allowed to take effect

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Now that the nation's highest court has cleared the way for Texas authorities to arrest and detain anyone they suspect entered the country illegally, here's what the law means.

The U.S. Supreme Court has allowed Texas to enforce Senate Bill 4 amid an ongoing legal battle with the Biden administration over immigration policy., allowing any police officer in Texas to arrest migrants for illegal entry, and a judge can order them to leave the U.S.

A federal judge in Texas blocked the law in a sweeping rejection last month, calling it a violation of the Supremacy Clause of the U.S. Constitution. Texas swiftly appealed and argued that it has a right to take action over what Abbott has described as an "invasion" of migrants on the border.The law allows any Texas law enforcement officer to arrest people suspected of entering the country illegally.

Critics, including Mexico President Andrés Manuel López Obrador, have said the law could lead to racial profiling and family separation. American Civil Liberties Union affiliates in Texas and some neighboring states issued a travel advisory warning of a possible threat to civil and constitutional rights when passing through Texas.

Some places are off-limits. Arrests cannot be made in public and private schools; places of worship; or hospitals and other health care facilities, including those where sexual assault forensic examinations are conducted. U.S. District Judge David Ezra, an appointee of former President Ronald Reagan, agreed in a 114-page order. He added that the law could hamper U.S. foreign relations and treaty obligations.

 

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