How Texas’ plans to arrest migrants for illegal entry would work if allowed to take effect

McALLEN, Texas (AP) — Texas’ plan to arrest migrants who cross the U.S.-Mexico border illegally is on hold while the Supreme Court considers a challenge to Republican Gov. Greg Abbott’s latest move over immigration.

The nation’s highest court put the law on pause over a lawsuit led by the Justice Department, which argues that Texas is overstepping the federal government’s immigration authority. Under the law, any police officer in Texas could arrest migrants for illegal entry and a judge could order them to leave the U.S.

Justice Samuel Alito has ordered a stay until Monday at 5 p.m. EDT, when the law could potentially take effect.

A federal judge in Texas had blocked the law in a sweeping rejection last month, calling it a violation of the Supremacy Clause of the U.S. Constitution. Texas swiftly appealed the ruling and argued that it has a right to take action over what Abbott has described as an “invasion” of migrants on the border.

Here’s what to know:

WHO CAN BE ARRESTED?

The law Abbott signed in December allows any Texas law enforcement officer to arrest people suspected of entering the country illegally. Once in custody, migrants could either agree to a Texas judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don’t leave could face arrest again under more serious felony charges.

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