The Biden administration warned Texas Republican Gov. Greg Abbott on Thursday that legal action would be taken if the state enforces a new law that allows authorities to arrest, jail, process and deport migrants who enter the country illegally.
A Justice Department official said in a letter to Abbott that the law was unconstitutional and “contrary to the United States’ commitment to ensuring the processing of noncitizens under the Immigration and Nationality Act.”
The law, called SB4 or Senate Bill 4, is part of the state’s Operation Lone Star. It comes into effect on March 5.
“SB 4 takes precedence and violates the United States Constitution. Consequently, the United States intends to sue to enjoin enforcement of SB 4 unless Texas agrees to refrain from enforcing the law,” Principal Deputy Assistant Attorney General Brian M. Boynton writes in the letter. obtained by CBS News.
SB 4, signed by Abbott on December 18, makes illegal entry into the United States from Mexico a state crime and authorizes police to arrest people suspected of crossing the Rio Grande between ports of entry.
A spokesman for the governor of Texas promised that the state would take the legal fight with the Biden administration to the Supreme Court, if necessary. REUTERS
Immigrants caught entering the country illegally would face a Class B misdemeanor charge that carries a penalty of up to six months in jail. Repeat offenders would be subject to a second-degree felony charge punishable by up to 20 years in prison.
SB 4 allows Texas judges to drop charges against immigrants if they agree to be deported.
The new law “intrudes into a field that is occupied by the federal government and has priority,” Boynton argues.
“In fact, the Supreme Court has confirmed that ‘the deportation process’ must ‘be entrusted to the discretion of the Federal Government’ because a ‘deportability decision’ affects ‘foreign relations and must be made with a single voice.’”
The Justice Department maintains that the federal government is solely responsible for enforcing immigration laws. REUTERS
The Justice Department official also notes that SB 4 could lead to migrants with legitimate asylum claims being imprisoned or deported to countries where they would face “persecution or torture.”
The Biden administration is asking Abbott to confirm that he will not enforce the new law before January 3.
Abbott criticized the threat and accused President Biden of “destroying America,” in a social media post linking to a report on the administration’s lawsuit.
“Biden’s administrator. Not only does he refuse to enforce current U.S. immigration laws, he now wants to stop Texas from enforcing laws against illegal immigration,” the governor said in an X post. “I have never seen such hostility toward the rule of law.” in United States. Biden is destroying America. “Texas is trying to save it.”
People who are repeatedly arrested for illegally crossing the border could face a felony charge under the new law. REUTERS
A spokesperson for Abbott told The Post that Texas will take the legal battle over the application of SB 4 to the Supreme Court, if necessary.
“Texas is prepared to take this fight all the way to the U.S. Supreme Court to protect Texans and Americans from President Biden’s open border policies,” Abbott Rep. Renae Eze said in a statement.
“President Biden’s deliberate and dangerous inaction at our southern border has left Texas to fend for itself. “Governor Abbott signed Senate Bill 4 last week to help stem the tide of illegal entries into Texas as the President refuses to enforce federal immigration laws.”
The governor has attempted to address the surge of migrants arriving in Texas by busing new arrivals to so-called sanctuary cities, including New York and Chicago, and building a floating barrier on the Rio Grande, which courts have ordered the governor to remove. .
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Source: vtt.edu.vn