Gov. Abbott signs border security bills into law at wall construction site

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BROWNSVILLE, Texas (Nexstar) — Gov. Greg Abbott visited the Rio Grande Valley Monday, where he signed several border security bills passed during the third and fourth special legislative sessions.

Earlier this month the Texas Legislature passed Senate Bill 3, a measure that will send $1.5 billion toward further construction of a border wall along the 1,200 mile Texas-Mexico border. In November, state lawmakers also approved Senate Bill 4, which makes it a state crime to enter Texas illegally, giving state and local law enforcement the ability to arrest those who cross between ports of entry. SB 4 will also allow Texas police to effectively deport those who cross illegally, through an order obtained by a state judge. Currently, that is a power solely reserved for federal authorities.

Abbott added his signature to both SB 3 and SB 4 into law, as he previously indicated on social media, calling it “historic progress for border security.”

Supporters of the bills say they are necessary steps for Texas to try and curb illegal crossings, blaming the Biden administration for not doing enough to secure the border. Opponents have been especially critical of SB 4, saying it violates federal law and could lead to racial profiling.

RELATED: Mexican government says it ‘rejects’ Texas immigration enforcement bill

Abbott signed the legislation into law at a wall construction site along the border. The Republican was joined by state and national leaders, including: Lt. Gov. Dan Patrick, Major General Thomas Suelzer of the Texas Military Department, Texas Border Czar Mike Banks and Brandon Judd, the president of National Border Patrol Council.

Questions of SB 4’s constitutionality

Opponents have argued the bill violates the supremacy clause under the U.S. Constitution, which gives the federal government ultimate authority in enforcing immigration laws, which has been reinforced by a 2012 landmark U.S. Supreme Court ruling in Arizona v. United States. After Arizona passed a similar law to SB 4, the High Court ruled that it is not within state and local police officers’ powers to arrest someone based on their immigration status.

Only one Republican in both chambers voted against the SB 4 — Sen. Brian Birdwell, R-Granbury. Birdwell carried a similar version of this bill during the regular session, but his proposal would have required state officers to turn over the migrants to federal authorities after making an arrest.

“We are setting a terrible precedent for the future by invalidating our obedience and faithfulness to our Constitution,” Birdwell said. “President Biden’s failure to obey his oath does not compel us to violate ours.”

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