It’s been almost a year since Texas implemented a law that allows state and local police officers to arrest undocumented migrants crossing into its territory. Republican lawmakers in 11 states have followed suit, attempting to pass similar laws amidst the focus on immigration in the 2024 presidential election.
The fate of these proposals is still uncertain, with some already enacted or under consideration, including Louisiana expected to sign its law soon. In a federal appeals court case, Texas is defending its law by arguing that illegal immigration is akin to invasion, giving it more power to protect its borders. However, federal courts have previously defined invasion as limited to military attacks.
This year’s push by states to assert power over immigration has been accompanied by a significant public relations campaign, with more Republicans echoing former President Trump’s rhetoric of migration as an “invasion.” President Biden has responded to the pressure by signing executive orders to address asylum issues at the border.
In Louisiana, Governor Jeff Landry is expected to sign a measure allowing him and the attorney general to collaborate with Texas on border security. State Senator Valarie Hodges emphasized the importance of state measures due to the perceived failure of the Biden administration to enforce immigration laws.
In Arizona and Michigan, similar measures are being introduced, with Republicans citing concerns of invasion at the southern border as justification. However, critics warn that these proposals could have detrimental effects on states’ economies, lead to profiling, and perpetuate negative stereotypes of undocumented immigrants.
While some Republicans argue that the southern border is facing an invasion based on issues like drug trafficking and crimes committed by undocumented immigrants, data shows that the majority of fentanyl is smuggled through legal ports of entry and that crime rates have actually decreased despite the growing immigrant population.
Legal experts caution against expanding the definition of invasion to include illegal immigration, as it could have far-reaching implications for state powers and due process rights. Rhetoric around immigrant invasions perpetuates harmful stereotypes and bigotry, ignoring the complex reasons behind increased immigration globally.
