Republicans are running a bill in Texas, which — depending on who you ask — is similar to Arizona’s controversial SB 1070 anti-immigration law.
Republican Gov. Greg Abbott is expected to sign a bill that would increase penalties for migrants suspected of crossing the border illegally.
In 2010, Arizona received heavy criticism for passing SB 1070 — which allowed police to stop anyone suspected of not being a legal citizen and ask for their papers.
Arizona was protested and even boycotted at the time. Critics said the legislation would encourage racial profiling and cause Latino families to live in fear, regardless of their immigration status.
Much of Arizona’s SB 1070 was deemed unconstitutional before it could go into effect. Other elements of the bill still exist as law.
Arizona Democrats say the Texas bill is illegal and racist.
“We already know how this plays out, Texas should look at Arizona so they can correct their actions,” Sen. Anna Hernandez (D-Phoenix) said. She added that she wants to file a bill in the upcoming legislative session to do away with all remaining elements of SB 1070.
Republicans control the Texas Legislature and moved the bill despite Democratic opposition. If and when the bill is signed, Texas politicians anticipate legal challenges will follow.
Texas bill sponsor David Spiller (R-Jacksboro) says his legislation is different from what Arizona tried to do in 2010. The Arizona law required people to show their papers, which the Texas bill doesn’t address.
Spiller says that the law is designed not to conflict with federal law so it can’t be preempted. He asked that Arizona follow in Texas’ footsteps and adopt similar legislation.
“Under the 10th amendment, then all rights not granted to the federal government are reserved to the people and to the state so we feel that we have the absolute right and authority to regulate this and we feel like it’s not in conflict with the Arizona case,” Spiller said.
A group called “Todos Somos Texas” is traveling to border states and lobbying against the Texas bill. The group protested at the Capitol in Phoenix. The group is calling for a boycott of the state if the bill is signed into law.
Immigration attorney Wendy Rodriguez Belmonte is a part of the group. She said that the bill is an attack on immigrants and that it’s unconstitutional.
“The state cannot take the role of enforcing or making federal laws that are exclusive to the federal government,” she said.
Under the Texas bill, charges against a migrant can be dropped in place of an “order to return” requiring the person to return to the country they came from, if they agree to it. Migrants could indeed choose to leave the United States if their only other option is prosecution.
Spiller says his plan should result in less incarceration, saving costs. “We're giving people the opportunity to just return, rather than being incarcerated or detained for a long term basis while their case is pending. They just say, ‘look, you got me, let me just go back home. Or go back to where I came from.’”
