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Texas Brings Back ‘Show Me Your Papers’ Laws SCOTUS Deemed Unconstitutional a Decade Ago

AUSTIN, TEXAS - JUNE 08: Texas Gov. Greg Abbott speaks at a news conference in the state Capitol on June 08, 2023 in Austin, Texas. Abbott and Texas Department of Public Safety Director Steve McCraw joined bill authors, sponsors, legislators and law enforcement members in the signing of bills aimed at enhancing southern border security.
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Not only is the project for a Mexican border wall being continued through the Biden Administration, but the Texas House of Representatives greenlit a “show me your papers” bill that would illegally detain those who are suspected to be undocumented immigrants.

The Biden Administration has been centered on immigration but has started pandering to a wider voting base by deporting asylum seekers and continuing former President Trump’s notorious border wall legacy. Texas Senate Bill 4 has been synonymous with Arizona’s “Show Me Your Papers Bill,” in all but name. Also known as Arizona Senate Bill 1070, the law held that an immigrant should have their “alien registration” papers at all times. Failing to provide these papers would have them charged with a misdemeanor, and it also allowed the arrest of those who are deemed to be undocumented immigrants under “reasonable suspicion.”

Texas Governor Greg Abbott isn’t one to shy away from his controversial policies on immigration, and he has brazenly used immigrants as props to make political statements. But even Senate Bill 4 tests the borders of what can be deemed constitutional and criminalizes crossing borders, and those who are suspected to have crossed can be charged with a Class B misdemeanor and could be sent to prison for up to six months.

They’re no longer being subtle about their intentions to deport people, and this is not a caricature of a racist local government by any means, but a reality. People of color could be detained simply under suspicion of being an undocumented immigrant, even if this bill isn’t compliant with the constitution.

The premise of Senate Bill 4 easily falls apart when it comes to the responsibilities of local authorities. It’s only the federal government that can make arrests regarding immigration, and local police have no right to arrest migrants based on their immigration status. This did not stop Texas Republicans from silencing opposition and signing the “Show Me Your Papers Bill” copycat in place, which is bound to take effect around March 2024.

This is heartbreaking news for Texas, which is home to millions of immigrants. Citizens are calling on President Biden to intervene, but many are now leaving Texas and are fearful of detention and deportation. 12 out of the 13 Democratic Congressional members also signed a letter to the Department of Justice to prosecute the gross violations committed by Gov. Greg Abbott’s Operation Lone Star (OLS). OLS made it possible for Gov. Abbott to install illegal buoys in the Rio Grande, and it also allowed the luring of immigrants for arrest by law enforcement agents.

This is happening not just because Greg Abbott has a vendetta against immigrants, but because Joe Biden’s Administration is failing to keep campaign promises and is now turning its back on immigrants in an active bid to appease Republicans.

(featured image: Brandon Bell/Getty Images)

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Vanessa Esguerra
Vanessa Esguerra (She/They) has been a Contributing Writer for The Mary Sue since 2023. After graduating with a Bachelor of Arts in Political Economy, she (happily) rejected law school in 2021 and has been a full-time content writer since. Vanessa is currently taking her Master's degree in Japanese Studies in hopes of deepening her understanding of the country's media culture in relation to pop culture, women, and queer people like herself. She speaks three languages but still manages to get lost in the subways of Tokyo with her clunky Japanese. Fueled by iced coffee brewed from local cafés in Metro Manila, she also regularly covers anime and video games while queuing for her next match in League of Legends.

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