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How Texas' plans to arrest migrants for illegal entry would work if allowed to take effect

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How Texas' plans to arrest migrants for illegal entry would work if allowed to take effect


McALLEN, Texas — Texas’ plan to arrest migrants who cross the U.S.-Mexico border illegally is on hold while the Supreme Court considers a challenge to Republican Gov. Greg Abbott’s latest move over immigration.

The nation’s highest court put the law on pause over a lawsuit led by the Justice Department, which argues that Texas is overstepping the federal government’s immigration authority. Under the law, any police officer in Texas could arrest migrants for illegal entry and a judge could order them to leave the U.S.

Justice Samuel Alito has ordered a stay until Monday at 5 p.m. EDT, when the law could potentially take effect.

A federal judge in Texas had blocked the law in a sweeping rejection last month, calling it a violation of the Supremacy Clause of the U.S. Constitution. Texas swiftly appealed the ruling and argued that it has a right to take action over what Abbott has described as an “invasion” of migrants on the border.

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Here’s what to know:

The law Abbott signed in December allows any Texas law enforcement officer to arrest people suspected of entering the country illegally. Once in custody, 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.

Arresting officers must have probable cause, which could include witnessing the illegal entry themselves or seeing it on video.

The law cannot be enforced against people lawfully present in the U.S., including those who were granted asylum or who are enrolled in the Deferred Action for Childhood Arrivals program.

Critics, including Mexico President Andrés Manuel López Obrador, have said the law could lead to racial profiling and family separation. American Civil Liberties Union affiliates in Texas and some neighboring states issued a travel advisory warning of a possible threat to civil and constitutional rights when passing through Texas.

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Abbott has rejected concerns over profiling. While signing the bill, he said troopers and National Guard members at the border can see migrants crossing illegally “with their own eyes.”

The law can be enforced in any of Texas’ 254 counties, including those hundreds of miles from the border.

But Republican state Rep. David Spiller, the author of the law, has said he expects the vast majority of arrests will occur within 50 miles (80 kilometers) of the U.S.-Mexico border. Texas’ state police chief has expressed similar expectations.

Some places are off-limits. Arrests cannot be made in public and private schools; places of worship; or hospitals and other health care facilities, including those where sexual assault forensic examinations are conducted.

Under the law, migrants ordered to leave would be sent to ports of entry along the U.S.-Mexico border, even if they are not Mexican citizens.

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Amrutha Jindal, executive director at Lone Star Defenders Office, said her organization expects the law will be enforced in border counties. Her office already represents migrants who have been arrested since 2021 under a more limited Texas operation that has charged thousands of migrants with trespassing on private property.

The Justice Department, legal experts and immigrant rights groups have said the measure is a clear conflict with the U.S. government’s authority to regulate immigration.

U.S. District Judge David Ezra, an appointee of former President Ronald Reagan, agreed in a 114-page order. He added that the law could hamper U.S. foreign relations and treaty obligations.

Opponents have called the measure the most dramatic attempt by a state to police immigration since a 2010 Arizona law — denounced by critics as the “Show Me Your Papers” bill — that was largely struck down by the U.S. Supreme Court. Ezra cited the Supreme Court’s 2012 Arizona ruling in his decision.

Texas has argued that the law mirrors federal law instead of conflicting with it.

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Arrests for illegal crossings along the southern border fell by half in January from record highs in December. Border Patrol officials attributed the shift to seasonal declines and heightened enforcement by the U.S. and its allies.

Tensions remain between Texas and the Biden administration, though. In the border city of Eagle Pass, Texas, National Guard members have prevented Border Patrol agents from accessing a riverfront park.

Other Republican governors have expressed support for Abbott, who has said the federal government is not doing enough to enforce immigration laws. Other measures implemented by Texas include a floating barrier in the Rio Grande and razor wire along the border.

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Associated Press writers Acacia Coronado and Paul Weber in Austin, Texas, contributed to this report.

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8 convicted of terrorism charges in Texas immigration center shooting sentenced to decades in prison

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8 convicted of terrorism charges in Texas immigration center shooting sentenced to decades in prison


FORT WORTH, Texas (AP) — A demonstrator who shot and wounded a police officer outside a Texas immigration center last July 4 was sentenced to 100 years in federal prison Tuesday, while other protesters accused of having links to antifa were given multiple decades in federal prison.

Benjamin Song was convicted of attempted murder last March after prosecutors say he opened fire and wounded a police officer at the Prairieland Detention Center in Alvarado.

The seven other protesters sentenced Tuesday received prison terms ranging from 30 to 70 years.

“Our issue with this case has always been this isn’t a bunch of terrorists. This is a bunch of kids and young adults who really have a really big heart and really wanted their voice to be heard,” Philip Hayes, Song’s attorney, said outside the federal courthouse in Fort Worth. “It was never intended that anybody get hurt. It was never intended that any shots would be fired.”

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He said his client would appeal the sentencing.

“Song, aside from this day, has had an impeccable life. A former Marine. A good student,” Hayes said. “He had a lot of good qualities that were just ignored. The judge went ahead and gave as much as he could.”

One of the defendants, Daniel Sanchez Estrada, was convicted of corruptly concealing a document and conspiracy to conceal documents. Others pleaded guilty to providing material support to terrorists rather than take their case to trial.

Prosecutors say the eight are members of antifa, a decentralized anti-fascist organization that has become a target of the Trump administration. They have denied any affiliation and maintain they attended the demonstration to show support for immigrants inside the detention center.

President Donald Trump last fall signed an executive order designating antifa a domestic terrorist organization, even though there is no domestic equivalent to the State Department’s list of foreign terror organizations.

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Critics warn the case could have wide-reaching impact on protests given that organizations operating within the U.S. are supposed to be protected by First Amendment free-speech rights.

Short for “anti-fascists,” antifa is not a single organization but rather an umbrella term for far-left militant groups that confront or resist neo-Nazis and white supremacists at demonstrations.

Last week, federal prosecutors charged 15 people with impeding the Trump administration’s immigration crackdown in Minnesota. They claimed the demonstrators were members of antifa who conspired against the federal government to block arrests and deportations by setting up blockades around government buildings and throwing chunks of ice at federal vehicles, among other actions.

Marcelo reported from New York.

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Paxton, Trump adviser’s org win bid to block immigration rule

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Paxton, Trump adviser’s org win bid to block immigration rule

Audio recording is automated for accessibility. Humans wrote and edited the story. See our AI policy, and give us feedback.

A federal judge in Texas blocked a Biden administration rule on Monday that allowed immigration judges to indefinitely close a deportation case against immigrants on the same day Texas sued to stop the rule.

The rule, which was adopted in 2024, allowed immigration judges to close a deportation case after hearing arguments from the federal government and the immigrant in deportation proceedings, especially if the person could qualify for a benefit that allows them to stay in the country legally.

But on Monday, Texas Attorney General Ken Paxton filed a lawsuit in the Northern District of Texas in Wichita Falls to block the rule with U.S. Judge Reed O’Connor, who was appointed by former President George W. Bush.

The lawsuit against the U.S. Department of Justice was also co-filed by America First Legal Foundation, an organization founded by Stephen Miller, a senior adviser to President Trump who has focused on ways to limit both legal and illegal immigration to the country. America First Legal Foundation also previously filed various lawsuits representing Paxton against the Biden administration’s immigration policies, which helped derail President Biden’s immigration agenda in his lone term.

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In this latest complaint, Paxton’s office said in the 43-page lawsuit that the Biden-era rule “effectively grant(s) indefinite amnesty to aliens illegally present in this country.”

Lawsuits usually take several months to years to settle, but in this case O’Connor ruled late on Monday in favor of Texas after the Department of Justice filed its response saying it agreed with Paxton’s office.

Paxton’s office and the DOJ did not respond to immediate requests for comment.

President Trump, in keeping with his campaign promise, has cracked down on immigrants, using many of the federal government’s resources to limit immigration and fast-track deportations, including undocumented people and others who were allowed to be in the U.S. by previous administrations.

O’Connor has been known as conservative leaders’ favorite judge because he has routinely ruled in favor of Paxton, who has strategically filed lawsuits against the Obama and Biden administration.

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The fast-paced end to the rule echoes a similar maneuver conducted by the DOJ and Paxton’s office last year, when the federal agency sued Texas over a law allowing undocumented students to qualify for lower tuition rates at public universities. Hours after the suit was filed, Texas also asked Judge O’Connor to find the law unconstitutional, which he did.

After the law was overturned, legal experts said a state working with the federal government so closely for the swift overturning of a state law was unusual and raised questions about collusion.

The quick resolution to the case late on Monday was heavily criticized by immigration law experts.

“This is madness! Deliberate collusion with a federal judge to rapidly erase regulations without any input from affected parties,” said Aaron Reichlin-Melnick, a senior fellow with American Immigration Council, a group in Washington, D.C., that advocates for immigrants. “It’s clearly an unlawful act by all, and now litigants will have to seek to intervene in the already-completed lawsuit to overturn his actions.”



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US opens probe into fatal Tesla crash into Texas home

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US opens probe into fatal Tesla crash into Texas home


A U.S. agency on Monday ​said it is ‌opening a new special crash investigation into ​the June 19 ​fatal crash of a ⁠Tesla Model 3 ​that struck a Katy, ​Texas, home allegedly using an advanced driver assistance ​system that fatally ​injured a 76-year-old woman.



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