Justice Department sues Texas over new state law allowing migrant arrests, deportations

The U.S. Department of Justice is accusing Texas of usurping the federal government's authority over immigration with an "unconstitutional" law set to go in effect in March that creates state-level penalties for illegally entering the U.S. through the Texas-Mexico border.

In a federal lawsuit filed Wednesday in the U.S. District Court for the Western District of Texas, federal prosecutors argue that Senate Bill 4 — which Abbott signed into law last month and creates a series of criminal penalties for illegal border crossings with provisions allowing state judges to deport individuals — will infringe upon and counteract federal efforts to enforce immigration laws.

"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," the suit states about the new Texas law. "SB 4 is invalid and must be enjoined."

Making the federal government's case on behalf of a litany of federal agencies charged with overseeing immigration and foreign relations, the Justice Department cites previous U.S. Supreme Court precedent in arguing that SB 4 is preempted by existing federal law and is a violation of the Supremacy Clause of the U.S. Constitution.

More:Texas Democrats in Congress say SB 4 is unconstitutional. Here's what they're doing about it

"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," said Associate Attorney General Vanita Gupta in a statement announcing the lawsuit. "The Justice Department will continue to fulfill its responsibility to uphold the Constitution and enforce federal law."

After a marathon year for the Legislature during which SB 4's provisions were vigorously contested on multiple occasions, the final legislation authored by Sen. Charles Perry, R-Lubbock, was passed in November and created a series of penalties for those suspected of coming into Texas from Mexico other than through a legal international port of entry. The penalties range from a Class B misdemeanor to a second-degree felony.

More:Gov. Abbott signs controversial law allowing Texas law enforcement to arrest migrants

SB 4 also requires people accused of illegally crossing the state's southern border to either accept a magistrate judge's deportation order or face a second-degree felony charge for noncompliance.

The legislation has already faced accusations of being "patently illegal" after Abbott signed the bill into law Dec. 18. The ACLU of Texas filed a lawsuit against the Texas Department of Public Safety the next day seeking to stop the law from taking effect.

Additionally, members of Texas' U.S. House Delegation and the Congressional Hispanic Caucus sent a letter last month to the Justice Department asking Attorney General Merrick Garland to assert his agency's authority over immigration and foreign policy to "stop this unconstitutional and dangerous legislation from going into effect."

At the time of the initial challenges, Abbott said, "Texas will take this fight all the way to the U.S. Supreme Court if necessary to protect Texans from President Biden's dangerous open border policies."

More:El Paso, immigrant rights groups sue Texas over law allowing migrants' arrest, removal

U.S. House Speaker Mike Johnson, R-La., gave Abbott's argument a boost Wednesday during a Republican delegation trip to the border town of Eagle Pass, saying that the governor has "heroically" done more to fix the border crisis than any president.

Johnson said Texas, and other border states, have the right to institute policies to protect their borders, going against the argument the Justice Department laid out later in the day in its suit.

"So, if you're the governor of Texas or a border state or any government, you have the responsibility, the right, the constitutional authority to do the right thing and support your people," Johnson said during a news conference Wednesday along the banks of the Rio Grande. "So, we have applauded him, we stand with him."

Following the federal challenge to SB 4, Texas Attorney General Ken Paxton said in a post on X, formerly Twitter, that he is prepared to defend challenges against SB 4 and to push against the "federal government’s open borders doctrine."

"I am prepared to fight the Biden Administration whose immigration disaster is leading our country to ruin," Paxton said. "Texas has the sovereign right to protect our state."