The Biden administration on Wednesday sued Texas over a new law that allows authorities to arrest migrants who enter the country illegally.
The lawsuit, filed in the U.S. District Court for the Western District of Texas, comes after the Justice Department last week threatened Republican Gov. Greg Abbott that legal action would be taken unless the state will back down from the application of the new law, called SB4 or Senate. Bill 4, which will go into effect on March 5.
“The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and expulsion of noncitizens,” the Justice Department’s 22-page complaint states.
Under SB 4, entering the United States illegally from Mexico becomes a state crime, and police would have the authority to arrest people suspected of crossing the Rio Grande between ports of entry.
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 law, part of the state’s Operation Lone Star initiative to reduce illegal border crossings, was signed by Abbott on December 18.
“But Texas cannot administer its own immigration system,” the Justice Department lawsuit argues. “Their efforts, through SB 4, interfere with the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate United States immigration operations and procedures, and interfere with United States foreign relations.”
The Biden administration maintains that the federal government has exclusive authority to enforce immigration laws. ZUMAPRESS.com “I like my chances,” Abbott said of the looming court battle over SB 4. AP
“SB 4 is invalid and should be banned,” the Justice Department demands, arguing that SB 4 is “preempted by federal law and therefore violates the Supremacy Clause of the United States Constitution.”
Abbott suggested Wednesday that he believes Texas will prevail in its latest court battle with President Biden’s Justice Department over its efforts to curb record levels of illegal border crossings.
“Biden sued me today because I signed a law that makes it illegal for an illegal immigrant to enter or attempt to enter Texas directly from a foreign nation,” the Texas governor said in an X post. “I like my chances.”
“Texas is the only government in the United States that tries to stop illegal immigration,” he added.
The new law allows Texas police to arrest immigrants caught entering the country illegally. AFP via Getty Images
A spokesperson for Abbott told The Post last week that Texas is prepared to 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 into law last week to help stem the tide of illegal entries into Texas as the President refuses to enforce federal immigration laws.”
The Justice Department has also sued the state over the construction of a floating barrier on the Rio Grande, which courts have ordered Abbott to remove, and has asked the Supreme Court to allow Border Patrol agents to clean up about 30 miles of barbed wire installed throughout the United States. Mexico’s border with Texas in an attempt to prevent migrants from crossing into the state.
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Source: vtt.edu.vn