The U.S. Department of Justice has warned Texas that it will take legal action if the state implements a new law allowing state officials to arrest and deport individuals entering the U.S. illegally.
The Department of Justice intends to file a lawsuit against Texas over enforcing this legislation. The Department of Justice, in a letter to Texas Gov. Greg Abbott, stated that Texas’ new law, SB4, exceeds federal immigration jurisdiction and is deemed unconstitutional.
“SB4 effectively creates a separate state immigration scheme by imposing criminal penalties for violations of federal provisions on unlawful entry… and by authorizing state judges to order the removal of noncitizens from the United States.
SB4, therefore, intrudes into a field that is occupied by the federal government and is preempted,” wrote Principal Deputy Assistant Attorney General Brian M. Boynton in a letter to Abbott obtained by USA TODAY.
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According to Boynton, If Texas initiates law enforcement, the federal government will file a lawsuit to prevent the law from being implemented. SB4, anticipated to take effect in March, has raised concerns about potential racial profiling, as noted by Democratic state leaders in Texas.
The state of Texas has until January 3 to inform federal officials about its decision to proceed with the enforcement of the law, as mentioned in Boynton’s letter. On X (formerly Twitter), Abbott framed it as “hostility to the rule of law in America.”
Meanwhile, civil rights groups and El Paso County have already filed lawsuits against the Texas Department of Public Safety in opposition to the law. The ACLU filed the lawsuit in U.S. District Court for the Western District of Texas in Austin.
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The lawsuit was filed on behalf of El Paso County and two immigrant advocacy organizations, El Paso’s Las Americas Immigrant Advocacy Center and Austin-based American Gateways.
The Justice Department’s warning comes two days after officials in New York City announced new restrictions for buses transporting migrants to the city sent by Abbott. In recent years, Abbott has sent more than 30,000 migrants to New York City alone, as reported by the Houston Chronicle on Thursday.
“New York City has begun to see another surge of migrants arriving, and we expect this to intensify over the coming days as a result of Texas Governor Abbott’s cruel and inhumane politics,” Mayor Eric Adams said Wednesday. SB4 makes it a state crime to circumvent traditional immigration checkpoints and illegally cross into the U.S.
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The law, signed by Abbott on Dec. 18, grants Texas police the authority to arrest anyone they suspect may have crossed the border illegally. The law would also give state judges the power to deport individuals who appear in court on charges of illegally entering the U.S.
The day the law was enacted, Texas leaders sent a letter to the justice department expressing concern that SB4 could lead to the unlawful arrest of U.S. citizens and lawful residents suspected of being immigrants by police.
“In practice, this would place people with authorization to be in the United States, even United States citizens, at risk of being forced to leave Texas,” Democratic lawmakers wrote.
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