Can tough Texas immigration law be extended to other states?

In December, Texas Governor Greg Abbott approved Senate Bill 4, a contentious package of measures aimed at reducing immigration along the state’s southern border.

The primary components of the law include tougher penalties for human trafficking and granting local law enforcement the authority to detain and deport undocumented immigrants.

The legislation was set to be implemented earlier this year, but is currently on hold after the U.S. Department of Justice challenged its legality. The Justice Department’s complaint states that SB 4 is unconstitutional because the implementation of immigration laws falls under the jurisdiction of the federal government and cannot be undertaken by a state.

Prior to the developments in Texas, Florida Governor Ron DeSantis had already signed into law what he called “the strongest legislation against illegal immigration anywhere in the country.” The bill requires hospitals to question patients about their immigration status, among other provisions.

Can tough Texas immigration law be extended to other states?

Despite the hurdles that the Texas is facing in enforcing SB4, other states led by Republicans are following its lead.

Iowa Governor Kim Reynolds emulated her counterpart in the Lone Star State by also signing a fresh law targeting immigrants. Under the terms of this new legislation, people living in the state who have been previously barred from entry into the country or have a history of deportation would be considered to be committing a state crime. The law permits the arrest of immigrants with pending deportation orders or a history of clashes with immigration authorities.

Meanwhile, in Oklahoma, state lawmakers sent a bill to Governor Kevin Stitt that would penalize those who are residing in the state without the legal right to do so by as much as two years in prison.

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Over in Tennessee, Governor Bill has endorsed a measure mandating that law enforcement agencies collaborate with federal immigration authorities when they find out that people are illegally staying in the country.

Since the laws have already been approved and signed by the governors of Iowa and Tennessee, there are target dates for when they will take effect. For both states, the legislation’s effectivity begins July 1, 2024.

However, it is highly probable that the Department of Justice will act on the matter as it did with Texas and file an appeal with the Supreme Court to stop the implementation of the laws.