Wagswoofs – The state of Texas is being sued by the US Department of Justice over a law that is deemed “clearly unconstitutional.” This law would grant state judges the authority to deport migrants from the country.
The Department of Justice (DoJ) issued a warning that it would file a lawsuit against Governor Greg Abbott’s administration if they proceeded with the implementation of Senate Bill 4. The bill, signed by the governor recently, is scheduled to go into effect in March.
Local law enforcement officials will be empowered to arrest migrants who cross the southern border into the US, according to the law. Additionally, two new crimes, a misdemeanor and a felony, will be established for individuals who are apprehended while entering the US.
If someone commits the same offense again, they could face a prison sentence of up to two years.
Critics have strongly criticized the implementation of the law.
According to Anand Balakirshnan, a senior staff attorney at the ACLU Immigrants’ Rights Project, Governor Abbott’s actions to bypass the federal immigration system and deprive individuals of their right to due process are not only unconstitutional but also pose a significant risk of inaccuracies.
The Department of Justice contends that the Texas law disrupts existing provisions that grant the federal government the power to enforce immigration laws pertaining to entry and removal. Additionally, the new law encroaches upon its ability to handle foreign relations.
The Supreme Court, in the case of Arizona v. United States, has previously emphasized the importance of making decisions about the removal of noncitizens with a unified approach, as stated in a press release by the Department of Justice (DoJ).
According to the complaint, Texas asserts that it is unable to administer its own immigration system.
Principal Deputy Assistant Attorney General Brian M. Boynton, who heads the Justice Department’s Civil Division, stated in a written announcement, “Our purpose in taking this action is to ensure that Texas complies with the immigration regulation framework established by Congress and the Constitution.”
The lawsuit names Mr. Abbott, the state of Texas, the Texas Department of Public Safety, and Steven C. McCraw, the director of the state’s DPS, as defendants.
Mr. Abbott made it clear last week that he intends to persist in defending the new law.
“The Biden administration is not only refusing to enforce current US immigration laws, but they are also attempting to prevent Texas from enforcing laws against illegal immigrants,” he expressed on X, formerly known as Twitter.
“This level of hostility towards the rule of law in America is unprecedented. The actions taken by President Biden are having a detrimental impact on the country. However, Texas is stepping up to protect and preserve the values that make America great.”
Earlier this year, the federal government filed a lawsuit against Mr. Abbott for installing a floating buoy barrier in the Rio Grande River, which serves as the boundary between Texas and Mexico. According to the Department of Justice (DoJ), the governor exceeded his authority by attempting to assert jurisdiction over the border area.
The decision on that lawsuit is still pending.