Gov. Greg Abbott wants state law enforcement to begin transporting undocumented migrants to the border. Legal experts say enforcement of immigration law falls to the federal government, which could potentially sue Texas if Abbott’s wishes are fulfilled.
Greg Abbott
It was not immediately clear how state law enforcement would determine which migrants should be transported. “In terms of transporting, that’s exactly the question I’d have. Where would be the authority [come from] for state officials to transport people they suspect of being in violation of immigration law and having just recently crossed without arresting them for some reason?” said Meissner, who ran the U.S. Immigration and Nationalization Service from 1993 to 2000. “Were they to do that, I think that raises pretty basic civil rights violation questions.
Reichlin-Melnik said the order could also expose troopers and National Guard service members to a lawsuit from migrants. He noted that as recently, Abbott had expressed concern that issuing an “invasion” declaration could expose state authorities to federal prosecution.
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