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Chambers County Sheriff weighs in on new state law that allows law enforcement to arrest people suspected of crossing the border

The controversial law also gives deputies the ability to file an additional charge against an migrant arrested for another criminal charge.

BEAUMONT, Texas — The State of Texas is awaiting a decision from a federal appeals court on whether it can enforce a controversial immigration law.

Senate Bill 4 would allow Texas law enforcement to arrest people they believe entered the U.S. illegally.

While the case moves between courts, Chambers County Sheriff Brian Hawthorne tells 12News, he believes the hold-up isn't about arresting migrants, it's about what comes after.

The controversial law also gives deputies the ability to file an additional charge against a migrant arrested for another criminal charge.

Hawthorne says that right now the instructions are unclear.

"Until whether it's the fifth circuit or the Supreme Court determines the ability for us to enforce SB4 I think every sheriff in the state is going to stand down," he said.

The bill will also impact already overcrowded jails, according to Hawthorne.

Jefferson County District Attorney Keith Giblin tells 12News that by the time a case gets to his desk it's become a little complicated.

"Violation is generally a Class B misdemeanor but there's enhancements. The possible sentence could go up or down and then that person is deported after they finish their sentence. So the local judge has to sign an order to immediately deport that person," he said.

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