The Biden administration is threatening to sue Texas over a new state law that makes it a crime to illegally enter the state, giving state officials more power to take steps to secure the border amid the ongoing illegal immigration crisis.
In a letter sent on Thursday to Republican Governor Greg Abbott, the Justice Department accused Texas of interfering with the federal government by moving to enforce immigration law. Texas Republicans have said the law is necessary as illegal crossings have skyrocketed and deportations have slowed under President Joe Biden.
DOJ official Brian M. Boynton told Abbott that “the Department of Justice intends to bring a lawsuit to enforce the supremacy of federal law and to enjoin the operation of SB 4,” adding that “the United States will pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government.”
Boynton said that Texas had until next Wednesday to indicate that Texas would not enforce the law.
The law, which will authorize local police to handle immigration enforcement by making it a state misdemeanor to cross the Texas-Mexico border illegally, was first sent to Abbott by Texas Republicans in November. The law, which Abbott approved earlier this month, will allow Texas 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.
The DOJ told Abbott in the letter that only the federal government should be allowed to remove foreign nationals who have entered the U.S.
“Indeed, the Supreme Court has confirmed that ‘the removal process’ must be ‘entrusted to the discretion of the Federal Government’ because a ‘decision on removability’ touches ‘on foreign relations and must be made with one voice,’” the letter said.
CLICK HERE TO GET THE DAILYWIRE+ APP
Abbott spokeswoman Renae Eze said that Texas was ready for legal action.
“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. President Biden’s deliberate and dangerous inaction at our southern border has left Texas to fend for itself,” she said.
The Texas law is also facing a challenge from liberal legal groups who claim that it is discriminatory. At the same time, illegal crossings surged to a new November record with no signs of slowing down into December.
The Biden previously sued Texas over a move from Abbott to place water barriers in the Rio Grande to deter illegal immigration.