The Excerpt: Gov. Abbott signs law allowing Texas law enforcement to arrest migrants

On today's episode of The Excerpt podcast: Gov. Abbott has signed a law allowing Texas law enforcement to arrest migrants. USA TODAY National Reporter Lauren Villagran has the latest. The UN delays its latest vote on a cease-fire resolution. USA TODAY National Correspondent Deborah Barfield Berry explains why President Joe Biden is losing support among some young Black voters. Restrictions on tenure and academic freedom are driving some college professors toward the exits. Pope Francis approves blessings for same-sex couples.

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Hit play on the player above to hear the podcast and follow along with the transcript below. This transcript was automatically generated, and then edited for clarity in its current form. There may be some differences between the audio and the text.

Taylor Wilson:

Good morning. I'm Taylor Wilson, and today is Tuesday, December 19th, 2023. This is The Excerpt.

Today, we look at a controversial Texas border bill, plus the latest on the US stance relating to the Israel-Hamas War, and Pope Francis approves blessings for same-sex couples.

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Texas Governor Greg Abbott signed a controversial bill yesterday that allows Texas law enforcement to arrest migrants, but it likely faces legal battles in court. I spoke with USA TODAY National Reporter, Lauren Villagran for more.

Lauren, thanks for hopping back on The Excerpt.

Lauren Villagran:

Hey, Taylor.

Taylor Wilson:

So Lauren, let's just start here. What is this Senate Bill 4, or SB4?

Lauren Villagran:

SB4 is legislation that was both a Senate bill and there was also a House version here in Texas. I'm located in El Paso, Texas, and SB4 was a bill that Texas Governor Greg Abbott has been pushing for some time, wanting additional controls over the Texas-Mexico border. And Senate Bill 4 basically authorizes the state, including state and local law enforcement, to enforce immigration law.

Taylor Wilson:

What do supporters say about this, and what do critics and immigration advocates say, Lauren?

Lauren Villagran:

So, Senate Bill 4 makes it a crime to cross the border unlawfully, a state crime. It is a federal crime, a misdemeanor if you cross the border unlawfully once. A felony, if you cross more than once. And now this bill, once signed into law, will make that a state crime as well, allowing Texas State Troopers and other local law enforcement to enforce basically a border rule that historically has been federal. Detractors of this legislation say that it could lead to racial profiling, especially in border communities where it may not be possible to tell who is an undocumented migrant or immigrant, or someone who's a local resident or someone who's been in the country for generations. The bill is definitely controversial and is likely to face legal action.

Taylor Wilson:

And you mentioned this possibility of racial profiling with this. How will enforcement of SB4 impact people living in cities and towns along the Texas-Mexico border? How are they talking about this right now?

Lauren Villagran:

Those who wrote the legislation and who are in favor of it say it won't have an impact on local residents. That folks in cities like Dallas and Houston, who even may be undocumented but have been in the country and in the State of Texas for a very long time, should not be worried. They say that the enforcement will largely happen within a few miles of the border. Now, it's not clear how that enforcement will impact long-term residents, including those who may be undocumented, in cities like McAllen, Brownsville, or El Paso, Texas, where we live right up against the borderline. Border Patrol patrols our streets and highways, as do Texas State Troopers. There are immigrant advocates who are very concerned that people of color especially could face racial profiling.

Taylor Wilson:

You mentioned some legal questions around this. I'll just give this question to you simply, Lauren. Is this actually legal, and what might the battles in court look like over the next few months?

Lauren Villagran:

Yeah, I think there's a lot of debate about that, and I've heard both proponents of the law and its detractors use the same sort of argument, saying that it isn't legal. The bill mirrors federal legislation almost exactly. Again, making crossing the border illegal a misdemeanor or a felony depending on the number of times one has crossed. Folks who say the law is likely going to be challenged by immigrant advocates say that states cannot write their own immigration legislation, that immigration is the purview of the federal government under the preemption clause.

So I have heard that there are civil rights organizations who are very likely to challenge this in court, much in the way that Arizona's SB 1070 was challenged in the courts in the early 2010s. The majority of that law was struck down in 2012 by the Supreme Court. Now, the Supreme Court has a different makeup now, so do the Federal Court system generally. So I think we're really going to have to watch how this law gets put into practice and how it makes its way through the courts.

Taylor Wilson:

All right. Lauren Villagran covers the border and immigration for USA TODAY. Thank you, Lauren.

Lauren Villagran:

Thanks, Taylor.

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Taylor Wilson:

The UN Security Council delayed a vote yesterday on a resolution calling for a cessation of hostilities in Gaza, to allow unhindered access to deliver humanitarian aid. Diplomats say negotiations are underway to get the US to either abstain or vote in favor of the resolution. The draft notes civilians have limited access to food, communications, and other resources. The resolution yesterday also demanded the immediate unconditional release of all hostages held by Hamas. Earlier this month, the US vetoed a security council resolution supported by almost all council members that called for an immediate humanitarian ceasefire in Gaza. The General Assembly overwhelmingly approved a similar resolution on December 12th. Unlike in the General Assembly, resolutions passed by the Security Council are legally binding.

Meanwhile, US Defense Secretary Lloyd Austin yesterday met with Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. He said the US was leaving the timeline for the war to Israel, but he also said that protecting the Palestinian people in Gaza is a moral duty and a strategic imperative.

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While US officials continue to visit the region, President Joe Biden faces backlash from some at home over the war in Gaza and the US response to it, and he's losing support from some young Black voters around the country. I spoke with USA TODAY National Correspondent, Deborah Barfield Berry, about what voters are saying and the potential impact on the 2024 election.

Deborah, thanks for hopping back on The Excerpt.

Deborah Barfield Berry:

Thank you for having me.

Taylor Wilson:

What have some young Black voters around the country said about the Biden administration's stance on this conflict?

Deborah Barfield Berry:

Well, several of them that I've talked to, and I actually went to a rally too at Howard University, which is a historically black college in Washington DC, where they had a pro-Palestinian rally. Some of them I've talked to have talked about how they are on the fence about supporting Biden. In part, because they have issue with him not calling for immediate ceasefire. They also take issue with him not speaking up more, in their view, speaking up more about protecting the Palestinian civilians, because Kanye hit home for many of them. Some of them who felt like Palestinians had supported them, them meaning African Americans, during the George Floyd protests, during the Michael Brown protests. They feel like there's a little bit of solidarity between them and Palestinians, and they want Biden to do more.

Taylor Wilson:

Yeah, Deborah, what does history tell us about African American solidarity with Palestinians over the years?

Deborah Barfield Berry:

So the connection between Palestinians and African Americans goes way back. I was just talking to an expert, Michael Fischbach, about that. He's written a book about it as well. It was in the 1960s, he says that there was a connection, particularly between the Black Power Movement and Palestinians struggling in their fight for freedom and liberation. So there was a bonding there, or connection that started to happen there. And then that has continued over the years, and particularly now where again, as we talked about, the social justice movement of Black Lives Matter has also revived and reconnected the groups again.

Taylor Wilson:

When it comes to this election cycle talking about 2024, we mentioned some young Black voters are a little bit disillusioned with the Biden administration on this conflict. What alternatives to Biden might some young Black voters turn to in 2024? Does this mean they'll support Trump, or might this be an area a third party candidate could step up in?

Deborah Barfield Berry:

Well, some of them I talked to in recent days said Trump is not an option, period. But some of them have also said that they're going to start to look at alternative. But some of them outright said that they may not vote at all.

Taylor Wilson:

We talked about this shift from the Biden administration. Can Biden still fix some of these gaps with these voters?

Deborah Barfield Berry:

Some of the political experts I talked to said that there is probably some time in the room for some voters, particularly if he does an aggressive get out the vote campaign where he educates voters about his position and/or support for Palestinians. That could be one way. Another political expert I talked to said that it's probably a little late to change some minds. And then another one said that if he's much more aggressive and more outspoken about a ceasefire or ways that the administration can help and support Palestinians, that that may go a long way to bring in some voters. But for some of them, they say it might be a little too late.

Taylor Wilson:

Deborah Barfield Berry is a national correspondent with USA TODAY. Thanks as always, Deborah.

Deborah Barfield Berry:

Thank you for having me.

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Taylor Wilson:

Restrictions on tenure and academic freedom are driving some college professors toward the exits. In Texas, proposed bills would ban diversity, equity, and inclusion offices at colleges and water down faculty tenure respectively. The moves are part of what many in the academic communities say is an alarming attack on higher education nationwide. Florida this year banned diversity programs and limited tenure, which in parts protects college instructors from being fired for teaching controversial topics. And in the past two years, universities or state legislatures in Georgia, Iowa, North Carolina, South Carolina, Ohio, West Virginia and others have also enacted or proposed policies relating to academic freedom. Professors are worried about what colleges in these states might look like after an exodus of top instructors and what that means for the cultural, intellectual, and economic futures of those places. You can read more about their concerns with a link in today's show notes.

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Pope Francis has formally allowed priests to perform blessings for same-sex couples. The move stops short of sanctioning same-sex marriages, but is still being applauded by some LGBTQ+ advocates as historic. A document from the Vatican's Doctrine office released yesterday reaffirms its previous statement, saying that marriage is a sacrament between a man and a woman. But the document also says that requests for blessings from same-sex couples should not be denied as long as the blessing is not conferred at the same time as a civil union using set rituals or with the clothing and gestures that are part of a wedding. Nearly half of LGBTQ+ people in the US consider themselves religious, including 1.3 million Roman Catholics, according to a 2020 study from the Williams Institute at UCLA School of Law. They approved blessings from Pope Francis come after he last year directed parents around the world not to condemn their children if they are gay. And in January, he told the Associated Press that although homosexuality is a sin for Catholics, laws criminalizing homosexuality are unjust.

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Thanks for listening to The Excerpt. You can get the podcast wherever you get your audio. If you use a smart speaker, just ask for The Excerpt. I'm Taylor Wilson, back tomorrow with more of The Excerpt from USA TODAY.

This article originally appeared on USA TODAY: The Excerpt: New law allows Texas state officials to arrest migrants