On Wednesday, the Biden administration initiated legal action against Texas, filing a lawsuit challenging the state’s contentious immigration law that grants local law enforcement the authority to arrest migrants. The administration contends that Texas is overstepping its bounds by attempting to establish its own immigration system.
This move follows a recent warning from the Justice Department, which threatened legal action against Texas if it did not retract the measure. The lawsuit marks the second legal confrontation between President Joe Biden and Texas Governor Greg Abbott this week, as they clash over the management of the US-Mexico border.
In December, Governor Abbott, a Republican, signed Senate Bill 4 into law, providing local judges with the power to issue removal orders for individuals in the United States. The White House has strongly criticized the law, slated to take effect in March, deeming it “incredibly extreme.”
The Justice Department’s lawsuit argues that the measure undermines the federal government’s “exclusive authority” to enforce immigration law.
“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. SB 4 is invalid and must be enjoined,” states the complaint filed in the US District Court for the Western District of Texas.
The Justice Department has requested an injunction to block the implementation of the measure. Associate Attorney General Vanita Gupta stated, “SB 4 is clearly unconstitutional. 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.”
Earlier this week, the Biden administration sought Supreme Court permission to remove razor wire at the US-Mexico border, installed by Texas. The dispute revolves around whether Border Patrol has legal authority to cut concertina wire on the banks of the Rio Grande. Texas sued last year to halt the wire cutting, arguing it unlawfully damages state property and compromises security to aid migrants in crossing the border. A federal appeals court had ordered a halt to the practice pending ongoing court proceedings, leading the Justice Department to file an emergency application, urging the Supreme Court to overturn that decision.
