Biden administration sues Texas for law enabling arrest of undocumented immigrants
The Biden Administration Files Lawsuit Against Texas Over Border Security Law
The Biden administration has taken legal action against Texas over a state law that criminalizes illegal entry into the state, granting state officials more authority to secure the border.
The Department of Justice announced the lawsuit, arguing that the law (SB 4) violates the Constitution as immigration and international borders fall under federal jurisdiction. Supporters of the law claim it is necessary due to the Biden administration’s perceived lack of action in securing the border amidst a surge of illegal crossings.
“SB 4 is clearly unconstitutional,” stated Associate Attorney General Vanita Gupta. “States cannot adopt immigration laws that interfere with the framework enacted by Congress. The Justice Department will continue to uphold the Constitution and enforce federal law.”
Last week, the Biden administration threatened to sue Texas if Governor Greg Abbott did not commit to refraining from enforcing the law. Abbott did not comply.
The law, approved by Abbott earlier this month, empowers Texas judges to deport individuals who cross into the state back to Mexico, directly challenging the catch-and-release policy implemented by the Biden administration. Abbott expressed confidence that the law will withstand Biden’s lawsuit.
“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. I like my chances. Texas is the only government in America trying to stop illegal immigration,” tweeted Abbott.
Texas Attorney General Ken Paxton affirmed his readiness to defend legal challenges from the federal government and the ACLU, who argue that the law is discriminatory.
“SB 4 was created to address the endless stream of illegal immigration facilitated by the Biden administration. Texas has the sovereign right to protect our state,” Paxton stated.
Under President Joe Biden, illegal border crossings have reached record levels, with December alone seeing an all-time high of 302,000 encounters. House Speaker Mike Johnson visited the southern border, urging the White House to take action in securing the border.
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When did the US start regulating immigration?
The general Immigration Act of 1882 levied a head tax of fifty cents on each immigrant and blocked (or excluded) the entry of idiots, lunatics, convicts, and persons likely to become a public charge. These national immigration laws created the need for new federal enforcement authorities. Nessa Gupta during a press conference announcing the lawsuit. “The power to establish and enforce immigration laws resides with the federal government, not the states. By criminalizing illegal entry into Texas, this law encroaches upon federal jurisdiction and undermines the Supremacy Clause of the Constitution.”
SB 4 was signed into law by Texas Governor Greg Abbott in June, and it went into effect on September 1. The law allows state and local officials to arrest and charge individuals who enter Texas unlawfully, even when they are facing deportation proceedings. It also requires state and local law enforcement agencies to cooperate with federal immigration authorities and prohibits them from adopting policies that would limit or restrict immigration enforcement.
Supporters of the law argue that it is necessary to tackle the ongoing border crisis. They claim that the Biden administration’s rollback of several border security policies, such as the Migrant Protection Protocols and the Remain in Mexico policy, has contributed to a surge in illegal border crossings. They believe that the state of Texas has the right to take action to protect its residents and uphold immigration laws.
However, critics of SB 4 argue that it is an unconstitutional infringement on federal authority. They believe that immigration enforcement and the regulation of international borders are solely federal responsibilities. They contend that the law undermines the Biden administration’s efforts to establish a comprehensive and humane approach to immigration.
The lawsuit filed by the Biden administration seeks to block the enforcement of SB 4 and declare it invalid. It argues that the federal government has exclusive authority over immigration laws and that state laws such as SB 4 interfere with the federal government’s ability to effectively enforce these laws.
This lawsuit marks another chapter in the ongoing battle between the federal government and states over immigration policy. Under the Trump administration, several states, including Texas, adopted their own immigration measures to address what they saw as a failure of federal action. The Biden administration, on the other hand, has emphasized the importance of a coordinated federal approach to immigration and has sought to reverse many of the policies implemented by its predecessor.
The outcome of the lawsuit will have significant implications for the balance of power between the federal government and states in matters of immigration. It will also determine the extent to which states can take action to address immigration issues on their own.
Regardless of the outcome, it is clear that the issue of border security and immigration enforcement will continue to be a contentious and complex topic in US politics. The Biden administration will need to navigate these challenges in order to develop a comprehensive and effective immigration policy that upholds both the principles of the Constitution and the interests of the American people.
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