The U.S. Department of Justice has filed a lawsuit against Texas and Governor Greg Abbott, seeking to block a new state law that allows the arrest and deportation of migrants who enter the country illegally. The federal prosecutors argue that the law, known as Senate Bill 4 (SB4), infringes upon federal efforts to enforce immigration laws and violates the U.S. Constitution’s Supremacy Clause.
SB4, which is set to take effect in March, imposes criminal penalties for illegal border crossings and grants state judges the authority to deport individuals. The Justice Department claims that this encroaches on the federal government’s exclusive authority over immigration regulation and removal procedures, interfering with foreign relations and immigration operations.
This lawsuit is the latest legal challenge against Texas over its immigration policies, which have drawn criticism from the Biden administration and Democratic leaders. The state has faced previous legal battles concerning its border barriers, such as razor wire and a floating barrier constructed by Governor Abbott in the Rio Grande River.
The suit comes amidst a confrontation between the governor and Democrat-led cities, such as New York City and Chicago, which have received buses and planes carrying migrants sent by Abbott. These cities have implemented restrictions to manage the surge of asylum seekers, leading to clashes with the governor.
Citing previous Supreme Court precedent, the Justice Department argues that SB4 is preempted by existing federal law and violates the Supremacy Clause. Associate Attorney General Vanita Gupta stated that states cannot adopt immigration laws that interfere with the framework established by Congress, emphasizing the department’s commitment to upholding the Constitution and enforcing federal law.
SB4 faced opposition throughout the legislative process, with the American Civil Liberties Union of Texas filing a lawsuit to halt its implementation immediately after Governor Abbott signed it into law in December. Members of Texas’ U.S. House Delegation and the Congressional Hispanic Caucus also wrote a letter to Attorney General Merrick Garland, urging the Justice Department to prevent the law from taking effect.
Governor Abbott remains determined to protect Texans from what he perceives as President Biden’s dangerous open border policies. House Speaker Mike Johnson supported Abbott’s stance during a border visit, defending the governor’s authority to enact border protection measures.
Texas Attorney General Ken Paxton expressed readiness to defend SB4 against federal challenges and push back against the federal government’s open borders doctrine. Paxton emphasized Texas’ sovereign right to protect its state.
The outcome of this lawsuit will have significant implications for immigration enforcement and state-federal relations. As the legal battle escalates, the Department of Justice seeks to enjoin SB4 and prevent Texas from implementing its strict immigration penalties.
