National Guard Troops in Texas
National Guard soldiers roll up fencing on the banks of the Rio Grande river at Shelby Park on January 12, 2024 in Eagle Pass, Texas AFP

The Mexican government condemned the potential entry into force of the Texas state government's SB4 initiative, which "criminalizes" the flow of migrants across the U.S. border.

In a statement, the Mexican Foreign Ministry stated that the measures promoted by the Texas Congress and enacted by Governor Greg Abbott "encourage the separation of families, discrimination and racial profiling."

After several months of controversy following the enactment of State Bill 4 in November, during which various judicial instances -- from federal court judges to the Supreme Court -- both blocked and allowed its enforcement, a divided vote in the Supreme Court on Tuesday (March 19) allowed Texas to begin enforcing the law."

SB4 grants Texas law enforcement broad powers to arrest migrants suspected of unauthorized border crossings. The Court's conservative justices, forming a majority, rejected the Biden administration's position that SB4 violates federal immigration laws.

It is expected that the Court's determination will be appealed by the federal government, potentially resulting in a new stay and further discussion by the Supreme Court justices.

Under the original mandate, SB4 would have gone into effect in the first weeks of March, but it is currently unclear when enforcement might begin.

Additionally, there is no clear understanding of the fate of individuals who are arrested and deported by law enforcement officers.

SB4 stipulates that unauthorized migrants apprehended in Texas will be sent to checkpoints at the state's border crossings with Mexico, regardless of their nationality.

The Mexican government has stated that it "categorically rejects any measure allowing state or local authorities to exercise immigration control, detain, and return nationals or foreigners to Mexican territory."

Furthermore, the Ministry of Foreign Affairs announced that Mexico will participate as Amicus Curiae before the Fifth District Court of Appeals in New Orleans, Louisiana. Their aim is "to provide relevant information on the law's impact on the Mexican and Mexican-American community, as well as its effect on relations between Mexico and the United States."

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