Gov. Abbott’s executive order clears state authorities to “return” migrants, how this could affect local jails

EL PASO, Texas -- Governor Greg Abbott issued an executive order on Thursday which allows state authorities to "return" any migrants apprehended to the border.

The order allows the Texas National Guard and the Texas Department of Public Safety to apprehend any migrants who illegally cross the border between ports of entry and send them to the border.

“While President Biden refuses to do his job and enforce the immigration laws enacted by Congress, the State of Texas is once again stepping up and taking unprecedented action to protect Americans and secure our southern border,” Abbott said in a statement.

The decision tests the limits of state law against federal responsibility for immigration law enforcement.

Previously, local jail systems charged undocumented immigrants with trespassing and were left full, overwhelming their services.