Texas Governor Greg Abbott, a Republican, announced Thursday an executive order for his National Guard and agents from the state Department of Public Safety to arrest migrants who cross illegally and "return" them to the border.
It is an "unprecedented measure", according to Abbott, who justified it because the Joe Biden government "is not doing its job" and the drug cartels are "emboldened".
Enforcing immigration regulations, detaining and deporting migrants, is a federal power that the states cannot, in principle, supplant.
Probably it will be justice that will finally establish whether or not Texas can do it, and to what degree.
In any case, Abbott's press release is measured in such a way that he does not speak of deporting migrants to Mexico or other countries, but rather he uses the more ambiguous formula of "returning them to the border."
A member of the National Guard in Texas watches over the border wall with Mexico in Del Rio, on September 18, 2021. Eric Gay / AP
The Republican governor indicated in his statement that the measure responds to the immigration policies of Biden, who wants to end the policy known as
Stay in Mexico
(the Supreme Court has given him permission after a legal battle, but has not yet done so) and the expedited removal of migrants under Title 42 (which former President Donald Trump launched and which also remains in force because a court order has prevented Biden from ending it).
"While Biden refuses to do his job and enforce immigration laws, Texas will once again take the lead and take unprecedented action to protect Americans and secure the southern border," the statement said.
Abbott's executive order comes after several Texas border counties called for stronger measures to curb the irregular crossing of undocumented immigrants, such as declaring an invasion and using emergency powers to deal with the crisis.
Abbott has toughened his immigration policies in recent years, announcing the construction of the border wall that Trump planned but Biden stalled;
busing migrants released by federal authorities in Texas to Washington DC;
and arresting undocumented immigrants to bring them to justice accused of trespassing on private land on their way.
Including a 13-year-old boy: there are already 22 Mexicans, 19 Guatemalans and 6 Hondurans dead in the truck
July 6, 202201:09
Human rights organizations point out that policies that criminalize migrants for crossing illegally often contribute to undocumented immigrants taking more risks through dangerous routes and life-threatening traffickers.
On June 27, a truck was discovered containing 53 migrants who died of suffocation in a botched human smuggling operation near San Antonio, Texas.
Dozens traveled in the bed of the trailer without water or food, crowded together, in extreme heat and covered in a condiment to outwit police dogs.
This is a developing story.
Please check back for updates.