The US Department of Justice has sued Texas and its Republican governor, Greg Abbott, to block a new and controversial state immigration law from going into effect.
After threatening the state with legal action after last year’s passage of SB4, a new Texas law which allows state police to arrest any person they suspect has crossed the US-Mexico border without authorization, the justice department did so on Wednesday. Immigration and border control officially falls under the purview of the federal government – not individual states.
SB4 would make it a state crime to cross the Texas-Mexico border without authorization, classed as a misdemeanor punishable by up to six months in jail.
The federal government claims the new Texas law is a violation of the US constitution’s supremacy clause and foreign commerce clause, which states that “the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions”, according to Cornell Law School’s Legal Information Institute.
In a statement, the US associate attorney general, Vanita Gupta, said: “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. The Justice Department will continue to fulfill its responsibility to uphold the Constitution and enforce federal law.”
Abbott did not immediately respond to a request for comment.
On X, formerly Twitter, Abbott called Texas “the only government in America trying to stop 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,” Abbott said on X. “I like my chances.”
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.
Texas is the only government in America trying to stop illegal immigration. pic.twitter.com/3NsVnkQ8WM
— Greg Abbott (@GregAbbott_TX) January 4, 2024
In the past, Texas has attempted to invoke the “invasion clause” found in the Texas and US constitutions.
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In this instance, migrants at the border are likened to a public foreign enemy, which gives Texas the power to enact its own border policies. Civil rights groups condemned the language as “extremely dangerous”. It is not clear if such an argument will hold up in a court of law.
The new Texas immigration law is scheduled to go into effect on 5 March, but ongoing legal proceedings could affect its implementation.
SB4 is one of several attempts by Texas at enforcing border security and countering illegal immigration, all a part of Operation Lone Star, a joint operation between the Texas department of public safety and the Texas military department.
