Democrats criticize Texas immigration law amid federal judicial limbo

New Mexico Democratic leaders voiced criticism of an anti-immigration law by Texas, amid questions of whether the U.S. Supreme Court would overturn recent precedent to allow the border state to enforce its own laws regarding immigration. The U.S. Supreme Court allowed Texas to enforce the law, which would give state law enforcement the authority to […]

Democrats criticize Texas immigration law amid federal judicial limbo

New Mexico Democratic leaders voiced criticism of an anti-immigration law by Texas, amid questions of whether the U.S. Supreme Court would overturn recent precedent to allow the border state to enforce its own laws regarding immigration.

The U.S. Supreme Court allowed Texas to enforce the law, which would give state law enforcement the authority to arrest and deport those suspected of entering the United States illegally. This was quickly blocked by a federal appeals court.

The Biden administration had said that the Texas law was “flatly inconsistent” with previous U.S. Supreme Court decisions going back more than a century, according to SCOTUSblog, a news outlet focused on the U.S. Supreme Court. This includes a 2012 ruling that found Arizona could not impose additional penalties for violating immigration laws.

The U.S. Supreme Court’s actions on the law prompted U.S. Rep. Gabe Vasquez, D-New Mexico, to slam the court and Texas Governor Greg Abbott, a hardline conservative Republican.

“This was a dangerous overreach, undermining federal authority and putting vulnerable people at risk, especially Hispanic residents and citizens who constitute the largest minority in Texas,” Vasquez said. “The issue here is not just about immigration enforcement but also about racial profiling, where all Hispanic people, including border residents who are American citizens, can be unfairly targeted.”

Vasquez himself introduced a package of immigration legislation last year, though the legislation has languished in the Republican-majority House. Vasquez represents New Mexico’s 2nd Congressional District, which includes areas along the U.S.-Mexico border. Vasquez is facing what observers consider a tough reelection battle and will face former congresswoman Yvette Herrell in the November general election.

Gov. Michelle Lujan Grisham, a Democrat, told NM Political Report in a statement that it was not clear what the ruling will mean in terms of migrants entering the U.S. in New Mexico. 

“It is clear that Gov. Abbott’s punitive strategy is not solving the problem,” she said. “His decision to usurp federal responsibility and take border enforcement into his own hands is making a bad situation worse at the border and creating more risk for everyone.”
She said that Abbot should “join me in urging Republicans in Congress to stop playing politics with the border and commit to passing bipartisan immigration reform that will unify Americans and get the best result for our states and the nation.”

A spokesman for U.S. Sen. Martin Heinrich, also a Democrat, said he was monitoring the Texas law and its consideration by the courts.

NM Political Report did not receive a response from U.S. Sen. Ben Ray Luján by press time. 

Earlier this year, a potential immigration bill failed to gain Republican support at the apparent behest of former President, and presumptive party nominee, Donald Trump. The Texas law is the latest in efforts by Abbott to push the immigration debate to the hard-right. But its effectiveness might be hampered by a lack of resources for local and state law enforcement officials, the Texas Tribune reported Thursday.

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