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Justice Department sues Texas over law that would let police arrest migrants who enter US illegally

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Justice Department sues Texas over law that would let police arrest migrants who enter US illegally


By PAUL J. WEBER and ACACIA CORONADO (Associated Press)

AUSTIN, Texas (AP) — The Justice Department on Wednesday sued Texas over a new law that would allow police to arrest migrants who enter the U.S. illegally, taking Republican Gov. Greg Abbott to court again over his escalating response to border crossers arriving from Mexico.

The lawsuit draws Texas into another clash over immigration at a time when New York and Chicago are pushing back on buses and planes carrying migrants sent by Abbott to Democrat-led cities nationwide. Texas is also fighting separate court battles to keep razor wire on the border and a floating barrier in the Rio Grande.

But a law Abbott signed last month poses a broader and bigger challenge to the U.S. government’s authority over immigration. In addition to allowing police anywhere in Texas to arrest migrants on charges of illegal entry, the law — known as Senate Bill 4 — also gives judges the authority to order migrants to leave the country.

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The lawsuit asks a federal court in Austin to declare the Texas law unconstitutional. It calls the measure a violation of the Supremacy Clause, which establishes that federal laws in most cases supersede state law.

“Texas cannot run its own immigration system,” the Justice Department states in the lawsuit. “Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations.”

Abbott’s office did not respond to an email seeking comment.

“Biden sued me today because I signed a law making it illegal for an illegal immigrant to enter or attempt to enter Texas directly from a foreign nation.” Abbott said in a post on X, formerly Twitter. “I like my chances.”

The law is scheduled to take effect in March. Civil rights organizations and officials in El Paso County, Texas, filed a lawsuit last month that similarly described the new law as unconstitutional overreach.

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The Justice Department sent Abbott a letter last week threatening legal action unless Texas reversed course. In response, Abbott posted on X that the Biden administration “not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration.”

On Wednesday, House Speaker Mike Johnson and about 60 fellow Republicans visited the Texas border city of Eagle Pass, which has been the center of Abbott’s $10 billion border initiative known as Operation Lone Star. Johnson suggested he could use a looming government funding deadline as further leverage for hard-line border policies.

President Joe Biden has expressed willingness to make policy compromises because the number of migrants crossing the border is an increasing challenge for his 2024 reelection campaign. Johnson praised Abbott, who was not in Eagle Pass, and slammed the lawsuits that seek to undo Texas’ aggressive border measures.

“It’s absolute insanity,” Johnson said.

Illegal crossings along the southern U.S. border topped 10,000 on several days in December, a number that U.S. Customs and Border Patrol Commissioner Troy Miller called “unprecedented.” U.S. authorities closed cargo rail crossings in Eagle Pass and El Paso for five days last month, calling it a response to a large number of migrants riding freight trains through Mexico to the border.

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Authorities this week also resumed full operations at a bridge in Eagle Pass and other crossings in San Diego and Arizona that had been temporarily closed.

Legal experts and opponents say Texas’ new law is the most far-reaching attempt by a state to police immigration since a 2010 Arizona law that was partially struck down by the U.S. Supreme Court. That law had made it a state crime to be in the U.S. without legal status and gave police some immigration enforcement powers. A Supreme Court ruling in 2012 affirmed that immigration enforcement is solely within the authority of the federal government.

Under the Texas law, migrants could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don’t leave could face arrest again under more serious felony charges.

Those ordered to leave would be sent to ports of entry along the border with Mexico, even if they are not Mexican citizens. The law can be enforced anywhere in Texas but some places are off-limits, including schools and churches.

For more than two years, Texas has run a smaller-scale operation on the border to arrest migrants on misdemeanor charges of trespassing. Although that was also intended to stem illegal crossings, there is little indication that it has done so.

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Associated Press reporter Jake Bleiberg in Dallas contributed to this report.



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Austin, TX

Austin Police Department updates procedures after controversial deportation

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Austin Police Department updates procedures after controversial deportation


AUSTIN, Texas — An update to the Austin Police Department’s (APD) procedures outlines that officers are not required to contact U.S. Immigration and Customs Enforcement (ICE) when a person is found to have an ICE administrative warrant if they have no other arrestable charge.  

The update follows a controversial deportation from January, when a woman’s disturbance call to APD led to her detainment, alongside her 5-year-old child, who is a U.S. citizen.  

The incident led to questions from the community regarding the way APD is supposed to interact with ICE.  

In a March 4 memo, APD Police Chief Lisa Davis said that the directives provided by ICE administrative warrants could be confusing in their wording.

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According to Davis, officers have not historically regularly encountered administrative warrants while using the National Crime Information Center database, which is used to conduct identity checks. However, in 2025, federal agencies began entering a large volume of administrative warrants into the system.

According to the memo, administrative warrants are formatted in a way that looks similar to criminal warrants in the system.

The APD General Orders have been updated to clearly define the difference between criminal warrants and ICE administrative warrants, as well as specific instructions for how ICE administrative warrants should be handled moving forward.

“APD recognizes the sensitivity of this issue, not only within our city but across the nation. These policies were updated to provide clarity to our officers, ensure compliance with state law, and maintain officer discretion guided by supervisory oversight and operational consideration,” Davis said in the memo.

The updated procedures instruct officers to contact their supervisor when a person is found to have only an ICE administrative warrant, but no other arrestable criminal charge. From there, the officer or their supervisor may contact ICE, but is not required to.

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“Austin Police and City of Austin leadership share a paramount goal for Austin to be a safe city for everyone who lives, works, or visits here,” Davis said in the memo. “We particularly want to ensure that anyone who witnesses or is the victim of a crime feels secure in contacting the police for help.”

According to the memo, the entire APD staff will be required to complete new training regarding these updates.  

“In concert with the policy updates, APD is launching a public webpage to help people understand their rights and provide links to resources available from the City of Austin and community organizations, such as Know Your Rights training,” Davis said in the memo. “The webpage will also include information on the option of using APD Victim Services as an alternative to calling 9-1-1, when appropriate, and links to all general orders and policies related to immigration.”



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Austin, TX

Texas Plans Second Execution of the Year

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Texas Plans Second Execution of the Year


Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” […]



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Austin, TX

Will the rest of Austin allergies seasons be as bad as cedar this year?

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Will the rest of Austin allergies seasons be as bad as cedar this year?


Austin had a particularly itchy and drippy cedar fever season to start the year. Many winter days, from late December into February, had high or very high ashe juniper (aka cedar) pollen counts. 

Central Texas has a year-round allergy season with mold popping up at any time. For the more traditional spring and fall allergy seasons, forecasters at AccuWeather are predicting some of the allergens across the country will be worse this year than average. 

Texas, though, is a different story.

For grass allergies, which happen now through September, AccuWeather estimates Austin will have an average season. However, just west of the Interstate 35 corridor in the Hill Country to almost El Paso, that season is expected to be worse than normal. 

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“Texas may experience above-average grass pollen for a few weeks,” AccuWeather’s allergy report said, “though the season could be shorter-lived compared to northern areas.” 

It all depends on the weather

How much rain we get in the next six months and the perennial Texas heat will all affect the growing season for grasses and weeds, as well as the amount of pollen trees produce. The Farmers’ Almanac and the Old Farmers Almanac are both predicting a wetter and warmer spring.

Rain helps plants grow, which can increase pollen production over time. However, rainfall during allergy season can also bring temporary relief by washing pollen out of the air. That’s what we’re expecting this weekend, with our first meaningful rain chance in nearly three weeks. Tree and weed pollen levels might briefly drop, but mold could spike because it thrives in damp, humid weather. 

If spring continues with excessive heat like we saw in February, it could limit the growth of some plants and trees. Extreme heat can reduce how much they grow, and how much pollen they produce. On the other hand, if we get a healthy balance of rain and only slightly above-normal temperatures — not extreme heat — pollen counts could climb. That’s especially true as we head into April, typically our windiest month of the year, which helps spread pollen more easily.

How can you treat allergies in Austin?

If you are feeling the effects of allergies, here are some things you can do to lessen them: 

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  • Start taking allergy medication at least two weeks before your allergen’s season is supposed to start. Keep taking your allergy medication throughout your allergen’s season, even on low-pollen days.
  • Vary your allergy medication. You can take a nasal spray, an eye drop and an oral antihistamine at the same time to treat the different symptoms. If one kind of allergy medication isn’t working, consult your doctor about whether you should add a second one or switch out the medication. 
  • Take a shower before going to bed.
  • Take off outside clothes or shoes when you get into the house.
  • Do a daily nasal wash such as a neti pot or saline spray.
  • Consider seeing an allergist to get drops or shots to lessen your reaction to the allergen. 

Consider these household tips to improve your chances of keeping allergens away:

  • Change the filters in your house regularly during cedar fever season.
  • Vacuum and sweep regularly. 
  • Change your sheets, especially your pillow regularly. 
  • Keep doors and windows closed.
  • Clean out the vents in your home.
  • Have your home tested for indoor allergens such as mold.
  • Wash and brush the animals in your house to lessen the amount of allergens in the air. 
  • Wear a mask outside or inside while you are trying to lessen the pollen or mold indoors.



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