The Biden administration on January 3 filed a lawsuit against Texas over its controversial immigration law that gives local law enforcement in Texas the authority to arrest migrants, arguing the state “cannot run its own immigration system.” The move comes after the Justice Department threatened last week to sue Texas if it did not back down from the measure. It marks the second legal action against the state this week, as President Joe Biden and Texas Governor Greg Abbott spar over the handling of the US-Mexico border. In December, Abbott, a Trump-aligned Republican, signed into law Senate Bill 4, which also gives judges the ability to issue orders to remove people from the United States. The White House has slammed the law – which is slated to take effect in March – as “incredibly extreme.”
In its lawsuit, the Justice Department argued that the measure undercuts 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,” the complaint, filed in the US District Court for the Western District of Texas, states.
The Justice Department requested that the measure be blocked. “SB 4 is clearly unconstitutional,” Associate Attorney General Vanita Gupta said in a statement. “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 asked the Supreme Court to allow it to remove razor wire at the US-Mexico border that was installed by Texas. The dispute is over whether the Border Patrol has the legal authority to cut concertina wire on the banks of the Rio Grande.
The state of Texas sued last year to stop the wire cutting, saying it illegally destroys state property and undermines security to assist migrants in crossing the border. A federal appeals court ordered Border Patrol agents to stop the practice while court proceedings play out, and the Justice Department has now filed an emergency application, asking the Supreme Court to overturn that decision.
