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Texas wins appeal over state law allowing local police to arrest migrants

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Texas and the Biden administration have been at odds over multiple border security issues. On Saturday, March 2, an appeals court ruled in favor of the state, reversing a lower court’s ruling that halted a Texas law that would allow local law enforcement to arrest migrants suspected of being in the U.S. illegally.

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On Thursday, Feb. 29 a district judge ruled in the federal government’s favor, stopping the new Texas law from going into effect. This barred local police from intervening in immigration enforcement.

In light of the appeals court ruling, the new law could go into effect on Saturday, March 9, so the Biden administration will have time to appeal to the U.S. Supreme Court.

If the higher court does not intervene, local police can start arresting migrants in Texas who are in the country illegally. Part of the law also requires state judges to order migrants to return to Mexico if they are convicted of being in the U.S. illegally.

This is just one example of Texas and the federal government in conflict over how to handle the border crisis. Some other disputes have occurred over installing buoys across the Rio Grande and the use of razor wire to enforce the border.

These tensions come as a backlog of migrants in the U.S. reaches a record high.

There will be more than 8 million asylum-seekers living in the United States “in legal limbo,” according to internal Immigration and Customs Enforcement numbers reviewed by Axios. That is a 167% increase of the past five years, up from 3 million in 2019.

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[KARAH RUCKER]

TEXAS AND THE BIDEN ADMINISTRATION HAVE BEEN IN THE MIDST OF MULTIPLE LEGAL SHOWDOWNS OVER BORDER SECURITY.

WHETHER IT BE ATTEMPTS BY TEXAS TO INSTALL BUOYS ACROSS THE RIO GRANDE OR RAZOR WIRE TO ENFORCE THE BORDER.

MOST RECENTLY, IT’S BEEN A BACK AND FORTH OVER A TEXAS STATE LAW THAT WILL USE  LOCAL LAW ENFORCEMENT TO ARREST MIGRANTS SUSPECTED OF BEING IN THE U.S. ILLEGALLY.

WE TOLD YOU LAST WEEK THAT A JUDGE RULED IN THE FEDERAL GOVERNMENT’S FAVOR –

STOPPING THE NEW TEXAS LAW FROM GOING INTO EFFECT –

AND BARRING LOCAL POLICE FROM INTERVENING IN IMMIGRATION ENFORCEMENT.

BUT OVER THE WEEKEND –

AN APPEALS COURT REVERSED THAT RULING.

THE NEW LAW COULD GO INTO EFFECT ON SATURDAY.

THE BIDEN ADMINISTRATION WILL HAVE TIME TO APPEAL TO THE U.S. SUPREME COURT.

BUT IF THE HIGHER COURT DOESN’T INTERVENE –

LOCAL POLICE CAN START ARRESTING MIGRANTS IN TEXAS WHO ARE IN THE COUNTRY ILLEGALLY.

PART OF THE LAW ALSO REQUIRES STATE JUDGES TO ORDER MIGRANTS TO RETURN TO MEXICO IF THEY ARE CONVICTED OF BEING IN THE U.S. ILLEGALLY.

TEXAS AND THE FEDERAL GOVERNMENT ARE AT ODDS OVER HOW TO HANDLE THE BORDER CRISIS.

THEIR TENSIONS COME AS A BACKLOG OF MIGRANTS IN THE U.S. SYSTEM IS MOUNTING AT RECORD HIGHS.

ACCORDING TO INTERNAL GOVERNMENT PROJECTIONS REVIEWED BY AXIOS –

THERE WILL BE MORE THAN 8 MILLION ASYLUM SEEKERS LIVING INSIDE THE U.S. “IN LEGAL LIMBO” BY THE END OF SEPTEMBER.

THAT IS A 167% INCREASE OVER THE PAST FIVE YEARS, UP FROM ABOUT 3 MILLION IN 2019.