Mexico has warned a federal US court that if its judges allow the controversial Texas immigration law, Senate Bill 4 (SB 4), to take effect, it would lead to "substantial tension" between the two nations, with far-reaching consequences for US-Mexico relations. In an amicus brief filed with the 5th US Circuit Court of Appeals on Thursday, lawyers for Mexico argued that the enforcement of SB 4 would strain relations between the two countries and interfere with Mexico's right to determine its own policies regarding entry into its territory.
SB 4, signed into law by Texas Governor Greg Abbott in December, makes entering Texas illegally a state crime and allows state judges to order immigrants to be deported. The law has been met with strong opposition from the Biden administration and rights groups, who argue that immigration enforcement is generally a function of the federal government.
Mexico's brief, filed in support of the law's challengers, argues that SB 4 "will be applied in a discriminatory manner" and would "inappropriately burden the uniform and predictable sovereign-to-sovereign relations between Mexico and the United States, by criminalizing the unauthorized entry of noncitizens into Texas from outside the county and creating diverging removal requirements between and among individual states and the national government."
The attorneys warned that the enforcement of SB 4 would also "undermine U.S.-Mexico collaboration on a legal migration framework and border management, and hinder U.S.-Mexico trade." Mexico's 11 consulates in Texas have been ordered to provide protection, guidance, and legal support for any Mexican nationals across the state who face problems under the new law.
Mexican Foreign Minister Alicia Barcena emphasized the unconstitutionality of the law, stating, "This law is deeply unconstitutional. So, we are not going to allow any action by the state of Texas, neither the authorities, nor the police, nor anyone who acts on immigration matters at a state level, at the county level, this is a federal matter and for us too. So we are there."
US Homeland Security Secretary Alejandro Mayorkas echoed Mexico's concerns during a joint news conference with Guatemala President Bernardo Arévalo in the Guatemalan capital on Thursday. Mayorkas stated, "It is our strongly held view as a matter of law that SB4 ... is unconstitutional and it is our hope and confidence that the courts will strike it down with finality."
Mayorkas expressed concern about the potential effects of SB 4, warning that "Should SB4 be permitted to proceed, we are very concerned about the effect it would have and the chaos that it could bring to the challenge of border migration." He also outlined the US-led regional strategy toward immigration, which seeks to "build lawful, safe and orderly pathways for people to reach safety from their place of persecution and, at the same time, returning people to their countries as a consequence when they do not take advantage of those lawful pathways."
The 5th Circuit is currently considering whether to allow Texas to enforce SB 4 while it weighs the larger question of whether the law violates the US Constitution. A three-judge panel at the appeals court put the law back on hold late Tuesday after the Supreme Court cleared the way for it to go into effect for a short period earlier that day.
