Texas Governor Greg Abbott is standing firm in the face of a legal challenge by the Justice Department, which has filed a lawsuit against the State of Texas, questioning the constitutionality of Senate Bill 4.
The bill, signed into law by Abbott in mid-December, has sparked controversy as it criminalizes illegal entry into the country and empowers local law enforcement to arrest undocumented immigrants.
Under SB 4, illegal immigrants could face six months in jail, with repeat offenders potentially receiving sentences of up to 20 years.
“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,” Abbott said on X.
“I like my chances.”
“Texas is the only government in America trying to stop illegal immigration.”
The Justice Department's legal action challenges the constitutionality of SB 4 under the Supremacy Clause and Foreign Commerce Clause of the U.S. Constitution, arguing that the federal government holds authority over immigration regulation and border management.
Principal Deputy Assistant Attorney General Brian M. Boynton emphasized the crux of the case in a DOJ press release.
“Texas cannot disregard the United States Constitution and settled Supreme Court precedent,” said Boynton.
“We have brought this action to ensure that Texas adheres to the framework adopted by Congress and the Constitution for regulation of immigration.”
The Justice Department is seeking a declaration of SB 4's invalidity and has requested both preliminary and permanent injunctions to prevent the state from enforcing the law.
The lawsuit was filed in the U.S. District Court for the Western District of Texas on behalf of the United States, including the Justice Department, the Department of Homeland Security and the Department of State.
As the legal battle unfolds, it is expected to ignite debates on the balance of power between state and federal authorities in shaping immigration policies.
The DOJ's action follows a previous lawsuit filed in the United States District Court for the Western District of Texas Austin Division, the Las Americas Immigrant Advocacy Center, American Gateways, and the County of El Paso, Texas have initiated legal action against Steven C. McCraw, Director of the State of Texas Department of Public Safety, and Bill D. Hicks, District Attorney for the 34th District.
That complaint also argues that S.B. 4 violates the Supremacy Clause of the United States Constitution, as immigration is constitutionally recognized as a federal authority.
SB 4 creates three new state law offenses: Illegal Entry from Foreign Nation, Illegal Reentry By Certain Aliens and Refusal to Comply with [State] Order to Return to Foreign Nation.
The bill also allows state judges to order a defendant to return to the foreign nation from which they entered.
The move follows the surge of migrants in Customs and Border Protection custody at Eagle Pass, prompting the temporary closure of two train crossings from Mexico.
SB 4 has spawned similar state legislation in Florida, Louisiana and North Carolina.
Those states are considering bills that would similarly penalize local law enforcement for not detaining illegal immigrants.
The State of Texas is currently undertaking Operation Lone Star, of which SB 4 is an extension, to combat border crossers.
The multi-agency effort aims to secure the Texas border, combat drug and weapon smuggling, and detect and prevent transnational criminal activity between ports of entry.
Since its launch, Operation Lone Star has resulted in over 484,100 apprehensions of illegal immigrants and over 36,600 criminal arrests, including more than 33,200 felony charges.
Law enforcement's fight against the fentanyl crisis has led to the seizure of over 435 million lethal doses of fentanyl during the border mission.
The operation has also involved the busing of migrants to various “sanctuary” cities, including Washington, D.C., New York City, Chicago, Philadelphia, Denver and Los Angeles.
“Operation Lone Star continues to fill the dangerous gaps created by the Biden Administration’s refusal to secure the border. Every individual who is apprehended or arrested and every ounce of drugs seized would have otherwise made their way into communities across Texas and the nation due to President Joe Biden’s open border policies,” Abbott’s office said of the program in a press release.