Justice Department Sues Texas Over Law That Would Let Police Arrest Migrants Who Enter US Illegally

The Justice Department on Wednesday sued Texas over a new law that would allow police to arrest migrants who enter the U.S. illegally, taking Republican Gov. Greg Abbott to court again over his escalating response to border crossers arriving from Mexico.

The lawsuit draws Texas into another clash over immigration at a time when New York and Chicago are pushing back on buses and planes carrying migrants sent by Abbott to Democrat-led cities nationwide. Texas is also fighting separate court battles to keep razor wire on the border and a floating barrier in the Rio Grande.

But a law Abbott signed last month poses a broader and bigger challenge to the U.S. government’s authority over immigration. In addition to allowing police anywhere in Texas to arrest migrants on charges of illegal entry, the law — known as Senate Bill 4 — also gives judges the authority to order migrants to leave the country.

The lawsuit asks a federal court in Austin to declare the Texas law unconstitutional. It calls the measure a violation of the Supremacy Clause, which establishes that federal laws in most cases supersede state law.

“Texas cannot run its own immigration system,” the Justice Department states in the lawsuit. “Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations.”

Abbott’s office did not respond to an email seeking comment.

“Biden sued me today because I signed a law making it illegal for an illegal immigrant to enter or attempt to enter Texas directly from a foreign nation.” Abbott said in a post on X, formerly Twitter. “I like my chances.”

The law is scheduled to take effect in March. Civil rights organizations and officials in El Paso County, Texas, filed a lawsuit last month that similarly described the new law as unconstitutional overreach.

The Justice Department sent Abbott a letter last week threatening legal action unless Texas reversed course. In response, Abbott posted on X that the Biden administration “not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration.”

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