Texas asks court to decide if the state's migrant arrest law went too far

An attorney defending Texas' plans to arrest migrants who enter the U.S. illegally told a panel of federal judges Wednesday that it's possible the law “went too far” but that will be up to the court to decide.

The comment was made to a 5th U.S. Circuit Court of Appeals panel that has already previously halted Republican Gov. Greg Abbott's strict immigration measure. Similar proposals that would allow local police to arrest migrants are now moving through other GOP-led statehouses, including many far from the U.S.-Mexico border.

Texas was allowed to enforce the law for only a few confusing hours last month before it was put on hold by the same three-judge panel that heard arguments Wednesday. No arrests were announced during that brief window.

“What Texas has done here is they have looked at the Supreme Court’s precedent and they have tried to develop a statute that goes up to the line of Supreme Court precedent but no further,” Texas Solicitor General Aaron Nielson said. «Now, to be fair, maybe Texas went too far and that is the question this court is going to have to decide.”

The panel did not indicate whether they believed Texas has overstepped but later questioned Nielson about the specifics and application of the law.

During the hourlong hearing in New Orleans, the Justice Department argued that Texas was trying to usurp the federal government's authority over immigration enforcement. Texas, however, insisted it would work with the federal government.

The law, known as SB4, 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