Texas law making illegally crossing US-Mexico border into state a deportable offense would 'reshape' immigration law

Texas’ SB 4, an immigration law passed in 2023 that allows the state to deport illegal border crossers, remains tied up in courts. Legal experts have argued that if the state is successful in arguing its case, it could reshape immigration law across the country.

State lawmakers and officials have said that the Biden administration has failed to fulfill its duty in protecting the state, and that Texas thus has a right to defend itself. The law makes it a misdemeanor to cross the border illegally, allowing Texas peace officers to arrest those. State magistrate judges can order the person to leave the US to Mexico in place of continuing prosecution. Repeat offenders can be charged with a second-degree felony, which is punishable by up to 20 years in prison.

The Texas Tribune reported that legal scholars have argued the law could create two immigration systems, a federal one and a Texas one, "and open the door for other states to write their own immigration laws."