The U.S. Department of Justice filed a lawsuit against Texas over a new law allowing local and state police to arrest migrants illegally crossing the border.
The legal action is considered to be the latest battle between Texas Gov. Greg Abbott and the Biden Administration as the migrant crisis in the U.S. worsens.
DOJ confirmed the lawsuit on Wednesday, Jan. 3, saying that it sued the State of Texas because of its Senate Bill 4 (SB 4). Here are other details shared by the prosecutors.
DOJ Sues Texas Over New Law Allowing Migrant Arrests
A bus carrying migrants who crossed the border from Mexico into Texas arrives into the Port Authority bus station in Manhattan on August 25, 2022 in New York City. Numerous buses from Texas filled with migrants have been arriving into New York City every few days since early August.
According to NBC News' latest report, the lawsuit filed by the DOJ states that the new law of Texas violates the Supremacy Clause of the Constitution.
Prosecutors explained that this constitution holds that federal law takes precedence over state law. It also details the existing framework for imposing and removing federal criminal penalties on those who enter the country illegally.
"Because SB 4 is preempted by federal law and violates the U.S. Constitution, the Justice Department seeks a declaration that SB 4 is invalid," said the Justice Department via its official press release.
DOJ also seeks an order permanently and preliminarily enjoining the state from enforcing the law. Associate Attorney General Vanita Gupta also believes that the Texas law allowing migrant arrests is unconstitutional.
"Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress," she explained.
Gupta added that the Department of Justice will continue to fulfill its responsibility to uphold the Constitution, as well as enforce federal law.
Meanwhile, Principal Deputy Assistant Attorney General Brian M. Boynton warned Texas that cannot disregard the U.S. Constitution and settled Supreme Court precedent.
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About Texas Law SB 4
This picture taken on October 9, 2022 shows migrants being processed by US Border Patrol after they illegally crossed the US southern border with Mexico in Eagle Pass, Texas. - In the 2022 fiscal year US Customs and Border Patrol (CBP) has had over 2 million encounters with migrants at the US-Mexico border, setting a new record in CBP history.
The new Texas law is described a legislation that makes entering or attempting to enter the state from a foreign country at any location other than a legal port of entry a misdemeanor.
Experts said that this law enables state courts to remove non-citizens from the United States anytime. The DOJ already warned the State of Texas before the lawsuit was filed.
However, Gov. Abbott criticized the move, saying that instead of imposing immigration laws, the U.S. government wants to stop them from enforcing legislation against illegal migrants.
As of press time, asylum seekers in Texas are still being sent to various cities and states, such as New York.
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