As continuation of the Biden administration’s backwards border policies it has threatened to sue the State of Texas. Just before the New Year Biden warned Texas Republican Governor Greg Abbott that legal action will be taken if the state enforces a new law that allows authorities to arrest, jail, prosecute and deport migrants who enter the country illegally.
The law, SB4 or Senate Bill 4, is part of Texas’ Operation Lone Star and goes into effect on March 5. A letter from a Justice Department official sent to Abbott claims the law is unconstitutional and “contrary to the US commitment of ensuring the processing of noncitizens consistent with the Immigration and Nationality Act.”
“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,” Principal Deputy Assistant Attorney General Brian M. Boynton writes in the missive, obtained by CBS News.
SB 4, signed into law by Abbott on December 18, makes illegally entering the US from Mexico a state crime and authorizes police to arrest individuals suspected of crossing the Rio Grande between ports of entry. The New York Post reports that migrants caught illegally entering the country would face a Class B misdemeanor charge carrying a punishment of up to six months in jail. Repeat offenders would be subject to a second-degree felony charge punishable by up to 20 years in prison. SB 4 also allows Texas judges to drop charges against migrants if they agree to be deported.
https://twitter.com/nypost/status/1740534267711496277?s=42&t=XbTlOeAo2IlxtW93MRjFLQ
The new law “intrudes into a field that is occupied by the federal government and is preempted,” Boynton argues.
“Indeed, the Supreme Court has confirmed that ‘the removal process’ must be ‘entrusted to the discretion of the Federal Government’ because a ‘decision on removability’ touches ‘on foreign relations and must be made with one voice.’”