Texas takes 'historic action,' arrests thousands of migrants: 'We've moved beyond chaos'

Texas DPS Lt. Chris Olivarez spoke with "Fox & Friends" about new legislation in Texas to address illegal immigration as surges of migrants continue.

A top Texas police official spoke with "Fox & Friends" Tuesday about how the state is taking matters into its own hands to address mass illegal immigration, as arrests of migrants have begun at the border.

Texas Gov. Greg Abbott on Monday signed a new law giving police the authority to arrest migrants who cross the border illegally. At the signing ceremony, Gov. Abbott said the goal of Senate Bill 4 was to "stop the tidal wave of illegal entry into Texas." 

Once in custody, migrants can either agree to a judge's order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry. Migrants who don't comply could face arrest again under more serious felony charges.

WHERE NO CONGRESS HAS GONE BEFORE: FACING GALACTIC-SCALE FISCAL CLIFF AND BORDER SECURITY THREATS

Texas DPS Lt. Chris Olivarez said Abbott is taking the "fight to the federal government" and standing up for residents and law enforcement with a "historic action." He spoke to host Lawrence Jones after more than 4,000 migrants were taken into custody on Monday. 

"This is not your ordinary border situation. I think we moved beyond chaos and now this situation has gotten much worse. This is deliberate inaction by the federal government to secure our border," he added.

Olivarez said mass illegal immigration is a form of criminal trespassing and the new legislation holds individuals accountable for crossing illegally. He said the new law gives authorities "broader authority" to use the criminal trespass charge.

Former acting ICE Director Tom Homan said on "Fox & Friends First" Tuesday that the Biden administration hasn't "done a single thing" to stop the flow of migrants, forcing Texas to act.

"This isn't mismanagement and incompetence. It is by design. (Biden) ran on open borders," said Homan. 

"And you've got to give him credit. He's kept his promise. I salute Governor Abbott. We've got to protect this country. How many people off the terrorist watch list have been arrested? A historic number. Governor Abbott is trying to protect Texas and in doing so, he's protecting this country."

The 2023 fiscal year has broken new records, with more than 2.4 million migrant encounters at the border. 

September saw a record for encounters at the southern border, while the following month saw a record for encounters in October — with more than 240,000 encounters border-wide. 

Funding for more resources at the border has stalled in recent weeks, as Republicans demand it be coupled with restrictions on asylum and the use of parole — a demand which some Democrats have balked at. 

Fox News correspondent Bill Melugin said Tuesday the influx has reached a "jaw-dropping" point, with one Texas border agent describing it as "the worst day we’ve ever seen." 

Fox News' Bradford Betz contributed to this report.

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