The Biden administration has taken legal action against the state of Texas over its recent law, SB 4, which criminalizes illegal entry into the state and empowers state officials to enforce border security. The lawsuit, filed by the Department of Justice, argues that the law violates the Constitution, as immigration and international borders are federal matters.
Proponents of SB 4 argue that it became necessary due to the Biden administration’s perceived lack of action in securing the border amidst a surge in illegal crossings. The law grants Texas judges the authority to deport individuals who enter the state back to Mexico, challenging the Biden administration’s catch-and-release policy.
Associate Attorney General Vanita Gupta asserted that SB 4 is “clearly unconstitutional” and interferes with Congress’s framework for immigration laws. The Justice Department’s position is that states cannot enact immigration laws that undermine federal law.
Texas Governor Greg Abbott approved the law earlier this month, prompting the Biden administration to issue a threat of legal action if Abbott did not commit to not enforcing it—a commitment Abbott did not make.
Governor Abbott expressed confidence in the law’s resilience in the face of the federal lawsuit, asserting that Texas is the only government in the country actively working to curb illegal immigration.
Texas Attorney General Ken Paxton stands ready to defend against legal challenges from both the federal government and organizations like the ACLU, which has alleged that the law is discriminatory. Paxton emphasized that SB 4 was crafted to address the influx of illegals facilitated by the Biden administration’s policies.
Illegal border crossings have surged during President Joe Biden’s tenure, with record-breaking numbers, including 302,000 encounters in December alone. House Speaker Mike Johnson visited the southern border, underscoring the need for the White House to take concrete steps to secure the border.
