The Department of Justice (DOJ) announced its lawsuit against Texas Governor Greg Abbott (R) for his signing and enforcement of S.B. 4.
The DOJ states that by enforcing the new legislation, the state is overreaching its state powers. According to the statement, the deportation of migrants would fall under federal jurisdiction, which Gov. Abbott does not have.
“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. SB 4 is invalid and must be enjoined.”
The plaintiffs pointed to precedents set by previous rulings, such as Arizona v. United States as well as Hines v. Davidowitz, as proof of the state's inability to remove noncitizens from their state.
“That conclusion is strongly reinforced by the Foreign Commerce Clause, which is one of the sources of Congress’s power to regulate immigration, and which simultaneously limits the power of the States to engage in such regulation. In this action, the United States seeks a declaration invalidating, and an order enjoining the enforcement of, SB 4 before it takes effect on March 5, 2024.”
Gov. Abbott responded to the lawsuit and expressed little concern toward the lawsuit.
“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. I like my chances. Texas is the only government in America trying to stop illegal immigration,” said Gov. Abbott.
Last month, the Texas governor expressed similar sentiments toward the Biden administration's lawsuit and claimed that it was in contrast to the enforcement of the law.
“The Biden Admin. not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration. I’ve never seen such hostility to the rule of law in America. Biden is destroying America. Texas is trying to save it.”
The lawsuit marks a growing division between the Texas governor and the Biden administration which often views his border legislation as too harsh and inhumane.
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