- The U.S. Department of Justice has granted Texas, Oklahoma and Iowa permission to allow state and local law enforcement to enforce immigration laws. This shift follows the return of President Donald Trump to the White House, reversing Biden-era efforts to block these measures.
- In Texas, Gov. Greg Abbott’s law allows police to arrest individuals suspected of illegally crossing the U.S.-Mexico border.
- Oklahoma and Iowa are advancing similar laws, allowing state police to act in coordination with federal immigration agencies.
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The U.S. Department of Justice approved the authority of state police in Texas, Oklahoma and Iowa to enforce immigration laws. The decision marks a shift in state-level involvement in immigration enforcement.
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In the span of a few days, the Department of Justice sent letters to the three states, effectively allowing state and local law enforcement to arrest individuals suspected of being in the U.S. illegally. This move comes after President Donald Trump’s return to office, signaling a reversal of the Biden administration’s efforts to block these laws.
Texas immigration law tied up in courts since 2023
Texas Gov. Greg Abbott signed a 2023 law allowing state and local police to arrest individuals suspected of illegally crossing the U.S.-Mexico border. The law permits arrests with evidence, and individuals face misdemeanor charges for a first offense. However, crimes escalate to felony charges for repeat offenders.
Senate Bill 4 also gives judges the power to deport individuals without trial, resulting in the dropping of all charges.
However, since its passage, the law has been tied up in the courts. In response to the law, the Biden administration filed a lawsuit, which led to a federal judge blocking the law. Texas appealed the ruling, and the appellate court temporarily paused the decision.
Civil rights groups and Biden officials pushed for the U.S. Supreme Court to maintain the block, but the high court issued an administrative stay. The Supreme Court’s ruling effectively froze the law until a final decision is made in the lower courts.
Oklahoma immigration law
A similar situation has unfolded in Oklahoma. The state law, which makes it a felony for individuals to be in the state without legal immigration status, has also faced legal challenges. Biden’s DOJ and nonprofit organizations filed lawsuits claiming House Bill 4156 interferes with federal authority.
In 2024, Oklahoma Gov. Kevin Stitt signed a law enabling state law enforcement to directly connect with federal immigration agencies through Operation Guardian. This initiative creates a local immigration enforcement system that does not step on federal authority.
Immigration law in Iowa
Meanwhile, in Iowa, lawmakers are moving forward with a law set to take effect in July 2024. Under the proposed legislation, state and local law enforcement would have the authority to detain and charge individuals based on outstanding deportation orders or prior entry denials.
More than a dozen states have already passed laws granting state and local police the power to make arrests based on immigration status. However, 11 states and the District of Columbia have enacted laws prohibiting such practices, banning officers from using their resources to support federal immigration enforcement.