Texas police could arrest migrants under bill that is moving closer to approval by governor

Migrants who crossed into the U.S. from Mexico are met with concertina wire along the Rio Grande.
Migrants who crossed into the U.S. from Mexico are met with concertina wire along the Rio Grande on Sept. 21 in Eagle Pass, Texas.
(Eric Gay / Associated Press)

Texas is closer to giving police broad new authority to arrest migrants and order them to leave the U.S. under a bill the state House advanced Thursday, putting Republican Gov. Greg Abbott closer to a potential new confrontation with the Biden administration over immigration.

The proposal has erupted tempers in the Texas Capitol, where Hispanic Democratic lawmakers led hours of emotional protests over issues of race and the legality of the plan before House Republicans passed the bill on a party-line vote before sunrise.

A similar proposal has already cleared the Texas Senate, meaning Republicans must now agree on a version before sending it to Abbott’s desk.


“Our cries for help in the enforcement of existing federal immigration laws have been ignored by President Biden. We have had enough,” said Republican state Rep. David Spiller, the author of the House bill.

The Texas governor called the idea a “scam” and vowed to send more buses of migrants to Washington, D.C.

Sept. 8, 2023

Two years into Texas pushing the boundaries of immigration enforcement — busing migrants out of state, stringing razor wire along the border and installing water barriers in the Rio Grande — new plans to let police arrest migrants and order them to leave the country is setting up another test that would probably face a court challenge.

Opponents say handing all Texas law enforcement such power would risk inadvertent arrests of U.S. citizens, put families of mixed immigration status in danger during routine outings and make crime victims fearful of going to the police for help.

As anger among Democrats mounted Wednesday night, one lawmaker recorded and then posted video of a colleague lashing into Republicans during a private huddle on the floor of the Texas House.

Texas Gov. Greg Abbott said Wednesday that migrants had been transported from Texas to Los Angeles and dropped off at Union Station.

June 14, 2023

“Y’all don’t understand the (expletive) you do hurts our community,” state Rep. Armando Walle is seen saying in the video. “It hurts us personally.”

Texas has arrested thousands of migrants along the U.S.-Mexico border on criminal trespassing charges since 2021. But the new law would dramatically expand arrest powers to all Texas police and allow them to take migrants to ports of entry along the border and order them into Mexico. If they don’t leave the U.S., the law would allow police to arrest them.


The power to regulate immigration lies primarily with the U.S. government, and opponents say Texas’ latest efforts flies in the face of U.S. law.

Critics have compared the proposal with a 2010 Arizona law that required police, while enforcing other laws, to question the immigration status of people suspected of being in the country illegally. The U.S. Supreme Court struck down key provisions of that law two years later.