On Thursday, December 28th, the Biden administration issued a letter warning to the state of Texas regarding the new immigration law that empowers local law enforcement to arrest, jail, and prosecute migrants crossing the border into the state illegally.
The Justice Department has communicated its concerns in a letter to Republican Governor Greg Abbott, stating its intention to initiate legal proceedings should Texas proceed with the law’s implementation in March as planned.
The announcement follows Abbott’s signing of the bill SB4 on December 18th, which enables state and local police to bypass federal protocols in dealing with illegal border crossers.
Principal Deputy Assistant Attorney General Brian Boynton emphasized the potential unconstitutionality of SB4 and the disruption it could cause to federal operations.
“SB4 would effectively criminalize actions that are already under federal jurisdiction, potentially harming our relationship with Mexico and hindering the enforcement of existing federal immigration laws,” Boynton remarked.
The Justice Department has requested assurances from Texas by January 3rd to abstain from enforcing this law.
“Because SB4 is unconstitutional and will disrupt the federal government’s operations, we request that Texas forbear in its enforcement,” Boynton noted in the letter.
The failure of Texas to comply with this demand would lead to the United States government filing a lawsuit to prevent the enforcement of SB4, Boynton added.
In response, Governor Abbott accused the Biden administration of being hostile towards the rule of law in America.
In a social media statement, he criticized the federal government for not only neglecting current U.S. immigration laws but also attempting to obstruct Texas from implementing measures against illegal immigration.
Renae Eze, a spokesperson for Governor Abbott, expressed Texas’ readiness to defend SB4 at the Supreme Court level.
The law faces opposition from Democrats in Texas, particularly in El Paso County, as well as two immigration rights groups, who have filed a lawsuit claiming the new law infringes on the federal government’s exclusive authority over immigration matters.
They argue that law SB4 could lead to racial profiling and is unconstitutional.
SB4 represents Texas’ latest challenge to President Biden’s immigration policies. Under Governor Abbott’s leadership, the state has implemented several initiatives, including the transportation of migrants to various Democratic-led cities including New York City, Chicago, and Denver.
Additionally, National Guard units have been deployed to fortify the Rio Grande with razor wire, and state troopers have been assigned to detain certain migrants on trespassing allegations.
The proposed law, considered the most stringent state immigration legislation in modern U.S. history, would categorize unauthorized immigration as a state crime, with penalties ranging from misdemeanors to felonies.
Notably, illegal entry into Texas would be a misdemeanor, with penalties including jail time and fines, while reentry would be treated as a felony, with longer jail terms.
The Mexican government has also expressed its disapproval, labeling SB4 as an “anti-immigrant” law.
Despite these concerns, supporters like Abbott believe that such stringent measures are necessary to deter illegal border crossings, attributing the recent surge in migrant crossings to the Biden administration’s policies.
