With the signing of SB4 by Texas Governor Greg Abbott, the time for what could become the toughest law in the United States began to run.
The only thing missing was this procedure so that, in less than three months, the police could arrest and deport undocumented immigrants, simply on suspicion.
It also authorizes state judges to order their deportation to Mexico and earmarks US$1. 5 billion for the state to build its border wall.
There are many questions surrounding the enforcement of this law in Texas, however, I must warn you all that delegating immigration powers to all state police and patrols is not the solution to the problem of illegal immigration; on the contrary, more people will be arrested and putting on jail unjustly.
It is important to note that Texas is the second most populous state in the United States, with more than 28,5 million, more than 40% of them are Hispanics living in the territory, which denotes the impact the bill would have, once it starts to operate, causing a negative impact on the separation of families, the criminalization of the population and, even, the increase of a phenomenon of xenophobia in the state.
The law, which has been condemned by various civil organizations and immigrant advocacy groups, is schedule to come into force in three months, and voices of protest have already been raised to prevent it from being implemented.
It’s critical in this case to wait and see what happens over the next few months, as consultations have been made to Biden administration, urging it to prevent SB4 from coming into force, due to the unconstitutional nature of the bill and, as I noted earlier, it puts undocumented immigrants in Texas in a greater risk.
Some recommendations to be taken into account:
All people in the United States, including undocumented immigrant people, have rights they need to know to enforce, here are some of them:
• Stay calm, don't run, argue or fight with the officer.
• If you are stopped at a traffic control, validate with the officer if he belongs to the police or immigration department. If the officer belongs to immigration, please note that you have the right to remain silent and that you should not discuss your immigration status or citizenship with police, immigration officers, or other officers, as any words you mention may be used against you in an immigration court.
• Identify your emergency contact (family member, migrant advocacy organization, etc. ) and memorize their phone number.
• If an officer knocks at your door, do not open it. Keep in mind that if the officer does not have a warrant signed by a judge to enter your home, he can´t do so.
• Don't forget that ICE orders are not signed by a judge, so they don't give them the authority to enter your home.
Editor's Note: The above commentary was penned by Héctor Quiroga of the Quiroga Law Office in Spokane, Washington. The column appears in The Rio Grande Guardian International News Service with the permission of the author. Quiroga can be reached by email via: johnq@quirogalawoffice.com.
We are an immigrant law firm for immigrants, created to help people to achieve the American dream. We are located in Spokane, Kennewick, Las Vegas and Wenatchee, in the USA, and Querétaro in Mexico. Quiroga Law Office, PLLC, has been on different occasions as one of the fastest growing firms in the United States in the INC 5000 and in the Law Firm 5000.
