Gov. Abbott says ‘I like my chances’ after Biden administration sues Texas over migrant arrest law
In a decisive move, the Biden administration has taken legal action against the state of Texas over a recently enacted law that empowers authorities to arrest migrants entering the United States illegally. The lawsuit, filed in the US District Court for the Western District of Texas, is a response to the state’s Senate Bill 4 (SB4), which is set to become effective on March 5.
The Department of Justice (DOJ) emphasized its commitment to preserving the federal government’s exclusive authority to regulate the entry and removal of noncitizens in its 22-page complaint. The lawsuit follows a warning issued by the DOJ to Texas Governor Greg Abbott, indicating legal action if the state proceeded with enforcing SB4.
Under SB4, illegally entering the US from Mexico would become a state crime, granting police the authority to arrest individuals suspected of crossing the Rio Grande between official ports of entry. Offenders could face a Class B misdemeanor charge with a maximum sentence of six months in jail, while repeat offenders might face second-degree felony charges, carrying a punishment of up to 20 years in prison. Notably, the law allows judges to drop charges if migrants agree to voluntary deportation.
The legal battle revolves around the Biden administration’s assertion that SB4 infringes upon the federal government’s exclusive jurisdiction over immigration matters. The DOJ argues that the law interferes with the US immigration operations, proceedings, and foreign relations, contending that it is preempted by federal law and thus violates the Supremacy Clause of the US Constitution.
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Texas Governor Abbott, who signed SB4 into law on December 18 as part of the state’s Operation Lone Star initiative to combat illegal border crossings, remains confident in the face of the legal challenge. He expressed his belief that Texas will prevail, emphasizing the state’s efforts to address illegal immigration.
“Biden sued me today because I signed a law making it illegal for an illegal immigrant to enter or attempt to enter Texas directly from a foreign nation. I like my chances,” stated Governor Abbott.
The governor’s spokesperson, Renae Eze, indicated that Texas is prepared to escalate the legal battle to the Supreme Court if necessary. Eze criticized President Biden’s approach to border security, accusing him of “deliberate and dangerous inaction” and highlighting SB4 as a measure to counter the surge in illegal entries.
This legal clash is not the only one between the federal government and Texas. The DOJ has previously sued the state over the construction of a floating barrier in the Rio Grande, and it has sought Supreme Court intervention to remove razor wire installed along the US-Mexico border by Texas to deter migrants.
As the legal proceedings unfold, the case is poised to set a precedent regarding the balance of powers between the federal government and individual states in matters of immigration enforcement.
