U.S. Justice Department Challenges Texas Immigration Law in Landmark Lawsuit
In a significant legal development, the U.S. Justice Department has filed a lawsuit against the state of Texas, contesting an immigration law that grants state officials extensive powers to apprehend, prosecute, and deport individuals who illegally cross the U.S.-Mexico border.
The legislation in question, known as SB4 or Senate Bill 4, criminalizes illegal entry or re-entry into Texas from a foreign country. It empowers state and local law enforcement to arrest and prosecute offenders, and even allows state judges to issue deportation orders. Those who resist compliance could face up to 20 years of imprisonment.
The Justice Department's legal action follows a lawsuit initiated by civil rights groups approximately two weeks ago, challenging the Texas law with claims of unconstitutionality.
"SB 4 is clearly unconstitutional," asserted Associate Attorney General Vanita Gupta. In a statement released by the U.S. Justice Department on Wednesday, Gupta highlighted that states cannot adopt immigration laws that interfere with the framework established by Congress, citing the Supremacy Clause of the Constitution and long standing Supreme Court precedent.
The controversial measure was passed by the Republican-controlled Texas legislature in November and subsequently signed into law by Governor Greg Abbott in December. The Mexican government has expressed strong opposition to the legislation, labeling it an "anti-immigrant measure." It welcomed the Justice Department's lawsuit, contending that such laws could potentially fuel hate crimes against migrant communities.
Texas is currently entangled in multiple legal battles related to Governor Abbott's initiatives aimed at deterring and penalizing illegal border crossings. The state's legal landscape has become increasingly complex amid a surge in migrant apprehensions along the U.S.-Mexico border since President Joe Biden, a Democrat, assumed office in 2021.
Republicans, including Abbott, attribute the surge to Biden's rollback of restrictive policies implemented by former President Donald Trump. The latter, a leading candidate for the 2024 Republican Party nomination, has been a vocal critic of the Biden administration's immigration approach. The legal showdown between the Justice Department and Texas adds a new dimension to the ongoing national debate on immigration policies as the 2024 elections loom.
