Organizations that work with immigrants say both the state and federal governments should collaborate more on changes to immigration policy. This week, the Department of Justice announced it would sue Texas to block enforcement of the law creating a state crime for illegal border crossings.
The law makes illegal border crossings a misdemeanor punishable by up to six months in jail and a $2,000 fine. State judges could also drop the charges if the migrant agrees to return to Mexico.
A repeat offender would face a felony and up to 20 years in prison depending on the migrant's criminal record.
"The goal of Senate Bill 4 is to stop the tidal wave of illegal entry into Texas," Governor Greg Abbott said when he signed the bill in December.
The Department of Justice countered, saying SB 4 "violates the United States Constitution." Deputy Assistant Attorney General Brian Boynton sent a letter to Abbott saying SB 4 "intrudes into a field that is occupied by the federal government."
"The United States is committed to both securing the border and ensuring the processing of noncitizens consistent with the Immigration and Nationality Act. SB 4 is contrary to these goals," Boynton wrote.
The non-profit, American Immigration Council, has been pushing for changes to the current system. The group says the current visa allocation system was created in 1987 and should be updated to reflect current needs and technology available.
"There are a lot of organizations, ours included, that think there are a lot of folks trying to put band-aids on issues that really need more thought-out, long-term policies put in place," says Chelsea Kramer, the council's Texas state organizer.
Kramer says the state and federal governments could instead work together on a long-term plan instead of going to court. She says changes to the current immigration system could help people move more easily and prevent issues that led to the shutdown of rail bridges in Eagle Pass and El Paso.
"Of course, we understand the frustrations that come from our state lawmakers who really want to try to do something, but we need to work together with the federal government to make sure we address issues and make sure we have a safe, human and efficient border," she says.
Kramer says an updated visa system could help businesses in Texas fill open jobs.
"For instance, if Texas needs more construction workers, why can't Texas have a visa that allows people to come across the border legally?" she asks. "There are a lot of restaurants, construction firms, high-skilled, low-skilled, across the board that are just absolutely starved for a labor force right now."
She says changes to the visa allocation system and updates to immigration policy would make Customs and Border Protection less overwhelmed and take power from cartels that are now using drug smuggling routes to move migrants.
"People don't want to travel hundreds of miles through very dangerous territory to risk coming here," Kramer says. "These folks are desperate, and if they were given a way to come here legally, they would, but those options are just not available to them right now."
She says current partisan arguments distract from issues like economic development and providing a skilled workforce.
"It's kind of the same rhetoric that fueled the violence that led to the El Paso shooting and condones reckless responses to what is truly a humanitarian crisis along the border," Kramer says.
The American Immigration Council says businesses in Texas want to send the message that if the state and federal government collaborate, the economy could grow.
"Everyone wants a safe, secure border. We can work together to do that while also providing enough legal workers for us here in Texas," she says. "People misunderstand what is happening along the border. The biggest myth I run into is the lay-person does not understand there are not low-skilled visas available for someone who wants to come here and get into roofing, construction, tile or fill these open jobs in the back of restaurants. That is probably one of the biggest issues we are facing right now. We have these gigantic construction firms across the state who are trying to hire people and cannot fill those positions."
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