By ACACIA CORONADO
AUSTIN, Texas — A federal judge on Thursday voiced concerns over a Texas law that would give police broad authority to arrest migrants on charges of illegal entry starting in March, saying it would be a “nightmare” if the U.S. became a patchwork of states enforcing different immigration laws.
“That turns us from the United States of America into a confederation of states,” said U.S. District Judge David Ezra, who did not immediately issue a ruling. “That is the same thing the Civil War said you can’t do.”
Ezra is considering a lawsuit filed by the U.S. Justice Department in what is the first legal test of what opponents have called the most dramatic attempt by a state to police immigration since a 2010 Arizona law that was partially struck down by the Supreme Court. It is among several courtroom battles Texas is fighting with President Joe Biden’s administration over how far the state can go to try to prevent migrants from crossing the border.
The judge remained skeptical during the nearly three-hour hearing in Austin, often sharply questioning the lawyers defending the law that was signed by Republican Gov. Greg Abbott.
Ezra, who was appointed by former President Ronald Reagan, did not say exactly when he would rule but said he hoped to give enough time for any appeals before the law takes effect March 5.
The measure would allow any Texas law enforcement officer to arrest people who are suspected of entering the country illegally. Once in custody, they could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on a misdemeanor charge of illegal entry. Migrants who don’t leave could be arrested again and charged with a more serious felony.
Ezra noted he has experience hearing cases that deal with border issues and is familiar with the concerns raised by Abbott and other state officials over illegal crossings. But he said he was “not buying into” the argument that only criminals are coming…
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