By Aaron Miller-
The US Department of Justice (DOJ) has issued a threat to sue the state of Texas if it proceeds with the implementation of Senate Bill 4 (SB4).
The law, set to take effect on March 5, is being touted as one of the strictest immigration measures in American history, allowing state police to arrest individuals suspected of crossing the border illegally.
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SB4 aims to eradicate so-called ‘sanctuary city’ policies, which restrict local law enforcement from inquiring about a person’s immigration status and complying with detainer requests.
Notably, the law would introduce “improper border entry” as a new criminal offense, bringing undocumented residents and migrants under the jurisdiction of Texas’s criminal justice system.
The DOJ contends that immigration and border enforcement fall within the purview of the federal government, as established by the US Supreme Court in the landmark case United States v. Arizona in 2012. The Biden administration, in a letter to Texas Governor Greg Abbott, has set a deadline of January 3 for the state to reverse its stance, warning of impending legal action.
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The letter states, “SB 4 is preempted and violates the United States constitution. Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law. The United States is committed to both securing the border and ensuring the processing of noncitizens consistent with the Immigration and Nationality Act (INA). SB 4 is contrary to those goals.”
Governor Abbott, a Republican, responded on X, expressing strong opposition to the federal intervention.
He accused the Biden administration of neglecting the enforcement of existing US immigration laws and criticized their attempt to impede Texas from implementing its own laws, stating: “The Biden Admin. not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration.
I’ve never seen such hostility to the rule of law in America.”
This clash is part of Operation Lone Star, a joint initiative by the Texas Department of Public Safety and the Texas Military Department aimed at countering illegal immigration.
Texas has pursued various measures under this operation, including the controversial use of razor wire and a floating buoy in the Rio Grande in July, drawing condemnation from immigrant and civil rights groups.
Earlier legal action was taken against Texas by the DOJ after the state’s deployment of these deterrent measures.
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