Justice Department sues Texas, Gov. Abbott over state law allowing migrant arrests, deportations

AUSTIN, Texas — The U.S. Department of Justice sued the state of Texas and Gov. Greg Abbott on Wednesday to block a slate of new "unconstitutional" state-level immigration penalties from taking effect, including allowing police to arrest migrants who enter the country illegally.

In a federal lawsuit filed in the U.S. District Court for the Western District of Texas, federal prosecutors argue that Senate Bill 4 — which Abbott signed into law last month — will infringe upon and counteract federal efforts to enforce immigration laws. SB4, which is set to take effect in March, creates a series of criminal penalties for illegal border crossings with provisions allowing state judges to deport individuals.

"Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations," the suit states about the new Texas law. "SB 4 is invalid and must be enjoined."

The suit is the latest challenge against Texas over its immigration policies, which have faced scrutiny by the Biden administration and Democratic leaders. The state has been in legal battles over its razor wire along the border and a floating barrier Abbott erected in the Rio Grande River.

Wednesday's suit also comes amid clashes between Abbott and Democrat-led cities that have received buses and planes carrying migrants sent by the governor. City officials in New York City and Chicago have recently been pushing back against migrant arrivals, implementing restrictions to manage the surge of asylum seekers.

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Texas' SB4 contested several times

Making the federal government's case on behalf of a litany of federal agencies charged with overseeing immigration and foreign relations, the Justice Department cites previous U.S. Supreme Court precedent in arguing that SB4 is preempted by existing federal law and is a violation of the Supremacy Clause of the U.S. Constitution.

"Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress," said Associate Attorney General Vanita Gupta in a statement announcing the lawsuit. "The Justice Department will continue to fulfill its responsibility to uphold the Constitution and enforce federal law."

After a marathon year for the Texas Legislature during which SB4's provisions were vigorously contested on multiple occasions, the final legislation authored was passed in November and created a series of penalties for those suspected of coming into Texas from Mexico other than through a legal international port of entry. The penalties range from a Class B misdemeanor to a second-degree felony.

SB4 also requires people accused of illegally crossing the state's southern border to either accept a magistrate judge's deportation order or face a second-degree felony charge for non-compliance.

The legislation has already faced accusations of being "patently illegal" after Abbott signed the bill into law Dec. 18. The ACLU of Texas filed a lawsuit against the Texas Department of Public Safety the next day to stop the law from taking effect.

Additionally, members of Texas' U.S. House Delegation and the Congressional Hispanic Caucus sent a letter last month to the Justice Department asking Attorney General Merrick Garland to assert his agency's authority over immigration and foreign policy to "stop this unconstitutional and dangerous legislation from going into effect."

At the time of the initial challenges, Abbott said "Texas will take this fight all the way to the U.S. Supreme Court if necessary to protect Texans from President Biden's dangerous open border policies."

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Supporters say Texas has right to protect its border

House Speaker Mike Johnson gave Abbott's argument a boost Wednesday during a Republican delegation trip to the border town of Eagle Pass, saying that the governor has "heroically" done more to fix the border crisis than any president.

Johnson said Texas, and other border states, have the right to institute policies to protect their borders, going against the argument the Justice Department laid out later in the day in its suit.

"So, if you're the governor of Texas or a border state or any government, you have the responsibility, the right, the constitutional authority to do the right thing and support your people," Johnson said during a news conference along the banks of the Rio Grande on Wednesday. "So, we have applauded him, we stand with him."

Following the federal challenge to SB4, Texas Attorney General Ken Paxton said in a post on X, formerly Twitter, that he is prepared to defend challenges against SB4 and to push against the "federal government’s open borders doctrine."

"I am prepared to fight the Biden Administration whose immigration disaster is leading our country to ruin," Paxton said. "Texas has the sovereign right to protect our state."