Justice Department sues Texas over new border legislation
In a significant legal development, the U.S. Department of Justice (DOJ) has taken legal action against the state of Texas regarding a contentious law criminalizing illegal entry into the state from foreign nations. The lawsuit, filed in the U.S. District Court for the Western Division of Texas Austin Division, names Texas Governor Greg Abbott, the Texas Department of Public Safety, and its director, Steven McCraw, as defendants.
The legal dispute stems from Senate Bill 4 (SB 4), signed into law by Governor Abbott last month. The DOJ had previously warned of legal action unless Texas assured that SB 4 would not be enforced, a challenge Abbott declined, prompting the Justice Department to follow through with its lawsuit.
Abbott, in response to the legal action, expressed strong criticism of the Biden administration, stating, “The Biden Administration not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration. I’ve never seen such hostility to the rule of law in America. Biden is destroying America. Texas is trying to save it.”
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The DOJ’s 22-page complaint argues that the federal government holds exclusive authority under federal law to regulate the entry and removal of noncitizens. It contends that SB 4 creates state immigration crimes, permits state judges to order the removal of noncitizens, and mandates state officials to carry out those removal orders. The lawsuit claims that the law intrudes on the federal government’s exclusive authority, disrupts immigration operations, proceedings, and interferes with U.S. foreign relations.
The Justice Department seeks to enjoin SB 4, declaring it invalid and preventing its scheduled implementation on March 5. This legal battle is the second to be waged against SB 4, with El Paso County and various groups having previously filed a lawsuit within 24 hours of the law’s enactment, arguing its unconstitutionality.
Governor Abbott remains unwavering in his stance, asserting Texas’s right to defend itself and vowing to take the legal fight to the U.S. Supreme Court if necessary. SB 4, part of Texas’s Operation Lone Star initiative, aims to curb illegal border crossings, with Abbott emphasizing the state’s need to defend itself due to what he perceives as the Biden administration’s failure to enforce federal immigration laws.
Attorney General Ken Paxton, responding to the DOJ’s lawsuit, framed SB 4 as a response to the “endless stream of illegal immigration facilitated by the Biden administration.” Paxton expressed readiness to confront legal challenges, highlighting Texas’s sovereign right to protect the state amid what he termed the Biden administration’s “immigration disaster.”
As the legal battle unfolds, the case is poised to set a precedent on the delicate balance between federal and state authority in matters of immigration enforcement, with both sides firmly entrenched in their positions.
