Immigration laws in the United States fall under federal jurisdiction, with enforcement carried out by federal law enforcement agencies such as Homeland Security. However, a recent development in Texas has raised eyebrows due to its attempt to make illegally crossing the border a state crime, allowing state law enforcement to potentially arrest migrants. This move has sparked legal battles and uncertainty.
Typically, state laws are enforced by state police, while federal laws are enforced by agencies like the FBI and ICE. Federal laws generally take precedence over state laws, but states can pass legislation that overlaps with federal laws, leading to complex legal situations.
Texas Governor has been vocal about his desire to take immigration matters into his own hands, criticizing the Biden administration's policies. The state passed a law making illegal border crossing a state crime, enabling state police to arrest migrants caught crossing illegally.
Currently, the law is on hold following legal challenges that reached the U.S. Supreme Court. While the court allowed Texas to empower local law enforcement to arrest migrants, a federal appeals court has issued an order preventing the law's enforcement.
Immigration arrests at the border are carried out by Border Patrol agents, who process individuals caught crossing illegally. Some are detained, while others are released pending deportation hearings. ICE officers handle arrests and deportations within the U.S., targeting migrants accused of other crimes.
While no arrests have been announced under the Texas law, federal Border Patrol data shows significant arrest numbers in border sectors. Arizona previously attempted similar legislation in 2010, leading to a Supreme Court case where many provisions were struck down due to federal authority over immigration regulation.
