By Maria Ortiz
Dec 28, 2023, 10:23 PM EST
He Department of Justice (DOJ) warned on Thursday Texas who will sue the state if it implements a strict immigration law known as SB4 Law that would empower state and local law enforcement officials to arrest, detain and prosecute immigrants suspected of entering the United States illegally.
The new SB4 law that gives local Texas authorities the authority to arrest immigrants “violates the United States Constitution,” The Justice Department said in a letter to Gov. Greg Abbott on Thursday, threatening a lawsuit against that state unless Abbott stops enforcing it, according to CNN.
Principal Deputy Assistant Attorney General Brian Boynton said in his letter to Abbott on Thursday that “the United States intends to sue to enjoin enforcement of SB4 unless Texas agrees to refrain from enforcing the law.”
While the federal government is “committed to… securing the border,” Boynton wrote, the Texas law is “contrary to these goals.”
The Justice Department letter cites a 2012 Supreme Court ruling, United States v. Arizona, which found that The federal government has the power to enforce immigration law.
Abbott criticized the Biden administration for the warning against SB4 Law
Governor Abbott criticized the Justice Department letter later Thursday and accused President Joe Biden of “destroying America.”
“The Biden administration. Not only does he refuse to enforce current U.S. immigration laws, he now wants to stop Texas from enforcing laws against illegal immigration,” Abbott said in a post on X. “I have never seen such hostility toward the rule of law in United States”.
In addition to creating crimes of illegal entry into the United States at the state level, the law would allow Texas judges issue de facto deportation orders.
The Justice Department letter was first reported by the Houston Chronicle.
The letter, obtained by CNN, marks the latest escalation between President Joe Biden and Texas Governor Greg Abbott over the handling of immigration at the US-Mexico border.
The White House criticized the law, calling it “incredibly extreme.” It is expected to come into effect in March.
The immigration crisis pits the Texas government against the federal government
The current surge of immigrants arriving at the US-Mexico border has put immense pressure on state and federal governments.
Thursday’s legal threat follows a Justice Department lawsuit against Texas earlier this year over the state’s use of floating booms in the Rio Grande. That lawsuit is still moving through the courts.
Immigration law enforcement is a federal responsibility and opponents of the Texas measure argue that it is unconstitutional.
The SB4 law has caused fear in the Latino community of Texas, which represents 40% of the state’s population. Civil rights groups, including the American Civil Liberties Union (ACLU), sued to block the measure.
The Justice Department’s threat to sue Texas came on the heels of talks on immigration and other bilateral issues between senior U.S. and Mexican officials this week.
Keep reading:
– The Biden administration criticized Texas SB4 because it “dehumanizes” immigrants
– ACLU issues travel alert for Texas after the entry into force of SB4 and other anti-immigrant laws
– ACLU denounces in court the SB4 law that persecutes immigrants in Texas, including children