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Abbott Signs Bill Making Illegal Immigration A State Crime

Chris Agee
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Although it is technically a federal crime for foreign nationals to enter the United States illegally, the Biden administration’s lax border policies have all but encouraged migrants to flout the law.

The record-high rate of illegal immigration over the past three years has prompted a growing number of elected officials across the political spectrum to push for ways to address the issue at the state or local level.

Republican Texas Gov. Greg Abbott has been at the forefront of this trend, devoting significant resources to “Operation Lone Star,” which is aimed at stemming the tide of unlawful entrants from Mexico.

The governor’s latest move seeks to punish immigration law violators even as federal authorities essentially ignore prohibitions already on the books. After state legislators advanced Senate Bill 4, Abbott signed it into law during a ceremony in the border city of Brownsville on Monday.

The legislation serves to make illegally crossing the border a state crime, thus allowing Texas law enforcement officers to deport undocumented immigrants and arrest reoffenders, which could result in prison sentences of up to 20 years. SB4 also protects authorities from lawsuits related to the enforcement of the law.

Abbott was joined by several prominent figures, including Lt. Gov. Dan Patrick and National Border Patrol Council President Brandon Judd, during the signing ceremony.

While the effort received widespread support from Texans frustrated by the unchecked flow of illegal immigration into the state, the new law also drew sharp criticism — including directly from the Biden administration.

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The American Civil Liberties Union is attempting to raise money based on its opposition to what it called “one of the most extreme anti-immigrant laws ever passed.”

U.S. Rep. Joaquin Castro (D-TX) has called on the U.S. Department of Justice to step in and halt the implementation of the law before it goes into effect in March. 

Immigration attorney Raed Gonzalez indicated that he believes the law will face significant legal challenges, suggesting that SB4 “is preempted by federal law.”

Of course, critics of the Biden administration maintain that the federal law has effectively been ignored since President Joe Biden took office, thus creating the need for SB4.