The Biden administration filed a lawsuit against Texas on Wednesday over a state law that makes it a crime to illegally enter the state, giving state officials more power to secure the border.
The lawsuit was announced by the Department of Justice and says that the law (SB 4) violates the Constitution because the federal government is supposed to have authority over immigration and international borders. Proponents of the law say that it is necessary because the Biden administration has done little to secure the border amid a record-breaking flood of illegal crossings.
“SB 4 is clearly unconstitutional,” said Associate Attorney General Vanita Gupta. “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.”
Last week, the Biden administration threatened to sue Texas if Governor Greg Abbott did not commit to not enforcing the law, which Abbott did not do.
The law, which Abbott approved earlier this month, will allow Texas judges to deport those who cross into the state back to Mexico, which would be a direct challenge to the catch-and-release policy currently practiced by the Biden administration. Abbott said he was confident that the law will survive the lawsuit from Biden.
“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,” Abbott said.
Texas Attorney General Ken Paxton said he was ready to defend legal challenges from the federal government and the ACLU, which has claimed that the law is discriminatory.
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“SB 4 was created to address the endless stream of illegal immigration facilitated by the Biden administration. Millions of unvetted foreign aliens have been released into Texas due to President Biden’s policies of dismantling border security at the US-Mexico border, collaborating with cartels, and inviting violent criminals and drug traffickers to enter the country,” Paxton said. “Just as I am prepared to fight the lawsuit brought by the extremist ACLU and the nonprofits enriching themselves due to the federal government’s open borders doctrine, I am prepared to fight the Biden Administration whose immigration disaster is leading our country to ruin. Texas has the sovereign right to protect our state.”
Illegal border crossings have continued to hit records under President Joe Biden, including an all-time record of 302,000 encounters in December alone. House Speaker Mike Johnson visited the southern border on Wednesday calling on the White House to secure the border.