In a recent development, Texas is set to allow police to arrest migrants who enter the state illegally and give local judges the authority to order them out of the country. This new law comes after Texas launched a smaller-scale operation two years ago to arrest migrants for trespassing, with the aim of deterring illegal crossings. However, there is little evidence to suggest that these arrests have had any significant impact on immigration rates. The results of the previous operation raise questions about the effectiveness of arrests in deterring immigration, especially as Texas prepares to grant police even broader powers to apprehend migrants on charges of illegal entry.

Civil rights organizations have already filed lawsuits against the new law, arguing that it is an unconstitutional overreach that encroaches on the U.S. government's immigration authority. The Justice Department has also threatened to bring a lawsuit unless Texas reverses course on the new law. Despite these legal challenges, Texas authorities have arrested nearly 10,000 migrants on misdemeanor trespassing charges since 2021. These arrests have drawn constitutional challenges, including claims of due process violations.

One landowner recently asked officials to stop the trespassing arrests on their property, claiming that authorities never had permission in the first place. Despite the initial optimism from Texas Governor Greg Abbott that these arrests would deter illegal crossings, the number of border crossings has continued to rise, exceeding 1.5 million in the past fiscal year. Sheriff Tom Schmerber of Maverick County, where one migrant named Abdoul was arrested, confirmed that migrants are still crossing the border.

Abdoul, a 32-year-old political activist who fled Mauritania, spent weeks in a remote Texas jail on local trespassing charges after crossing the U.S.-Mexico border. He described the conditions in jail as miserable, with long hours without sleep and sitting on the floor. Abdoul pleaded guilty to trespassing and is now in New York City, where he is awaiting a work permit and hoping to attend school. He spoke on the condition of anonymity for fear of jeopardizing his request for asylum.

Governor Abbott has suggested that Texas may phase out the trespassing arrests as it moves forward with illegal entry charges, which can be enforced anywhere in the state. Operation Lone Star, Abbott's nearly $10 billion border mission, has tested the federal government's authority over immigration. As part of this operation, Abbott has sent an estimated 80,000 migrants on buses to Democratic-led cities, installed buoy barriers on the Rio Grande, and sent a flight of 120 migrants to Chicago last week.

The mission is visible in Maverick County, where many of the arrests have taken place. Patrol cars are stationed every few miles along the roads leading to the border city of Eagle Pass. State troopers from Florida, as well as other GOP-led states, are working alongside Texas officials along the Rio Grande. The trespassing arrests are spearheaded by the Texas Department of Public Safety, which claims that the state's border operation has resulted in over 37,000 total criminal arrests, including gang members, human traffickers, and sex offenders.

Rolando Salinas, the mayor of Eagle Pass, initially signed a blanket trespassing charge affidavit to allow arrests on park grounds during a spike in migrant crossings. However, he later rescinded the affidavit due to local backlash but eventually signed it again weeks later. Salinas stated that he supports the operation because it has brought much-needed law enforcement personnel to the city.

State Representative David Spiller, who authored the new arrest law signed by Governor Abbott, believes that border crossings would be even higher without the trespassing prosecutions. However, he acknowledges that these cases add to prosecutors' workloads and are not deportable under federal law, meaning that those convicted are likely assimilating into the U.S. population.

Despite the ongoing debates and legal challenges surrounding the trespassing arrests, it remains uncertain how many of those arrested on the border for trespassing remain in the U.S., were deported, were allowed to stay to seek asylum, or had their cases dismissed. Kristen Etter, an attorney who has represented over 3,000 migrants on trespassing charges, stated that the majority of their clients were allowed to stay and seek asylum. She also noted that many migrants seek out law enforcement at the border because they want to surrender, suggesting that the arrests may be attracting more people rather than deterring them.

As the situation unfolds, the impact of the new law and the ongoing arrests on immigration rates and the rights of migrants will continue to be closely monitored. The legal battles and controversies surrounding these arrests highlight the complex and contentious nature of immigration policy in the United States.