On Thursday, a federal Judge, David Ezra, expressed trepidation over a law in Texas that gives police the authority to arrest migrants on charges of illegal entry into the United States beginning in March. He stated it would be a nightmare if the U.S. became an amalgamation of states enforcing different immigration laws.
"That turns us from the United States of America into a confederation of states," said U.S. District Judge David Ezra, who did not immediately issue a ruling. "That is the same thing the Civil War said you can't do."
Judge Is Skeptic
Judge Ezra is mulling over a lawsuit filed by the U.S. Justice Department in what analysts believe is the first legal test of what opponents had called the most dramatic attempt by a state to police immigration since 2010 when an Arizona law that was partially struck down by the Supreme Court of the United States suggested similarly drastic steps should be undertaken to curb illegal immigration.
It is among several legal confrontations Texas is fighting against the Biden administration over just how far a state can go to prevent migrants from crossing the United Starts border illegally.
He also expressed skepticism during the three-hour hearing, which took place in Austin and deeply questioned lawyers defending the law, which was signed by Republican Governor Greg Abbott.
The judge, whom late former President Ronald Reagan appointed, did not mention exactly when he would rule but wished to provide enough time for any appeals before the law goes into effect.
The New Law
The new law would allow Texas police agencies to arrest people who are even suspected of entering the country illegally, which leaves a lot of room for innocents to be harassed, jailed, and even deported.
If arrested, individuals can either agree with a judge's order to leave the country or be prosecuted on a misdemeanor charge of illegal entry. Migrants who don't leave could be arrested again and charged with a more severe and felonious crime.
The judge also noted that he has experience hearing cases involving the border. He also stated his familiarity with the concerns Gov. Abbott and other state officials raised regarding illegal crossings.
But he stopped short of agreeing with their assertion that only criminals are entering the country illegally, stating that the vast majority of migrants entering the United States without permission are otherwise law-abiding citizens.