Last month, Greg Abbott, the governor of Texas, signed Senate Bill 4, a law that allows police officers in Texas to arrest migrants who enter the state illegally. The new law also allows Texas judges to order migrants to leave the country. On January 3rd, the Department of Justice (DOJ) filed a lawsuit against Texas in response to the new law, to curb the governor’s intensifying response to people crossing the border from Mexico into the United States. Let’s get into the details.
Background on Senate Bill 4
The DOJ’s lawsuit represents the growing conflict between the federal government and states over immigration enforcement. Senate Bill 4 authorizes local Texas police to “arrest people they suspect crossed the Rio Grande between ports of entry.” Additionally, the law allows law enforcement to arrest any undocumented immigrants anywhere in the state of Texas. It also “earmarks $1.54 billion in state money to continue constructing barriers along the 1,200-mile border.” Under Senate Bill 4, it is now a state crime to illegally cross the border into Texas from Mexico.
The law makes illegal crossing a Class B misdemeanor and carries a punishment of up to six months in jail. Furthermore, repeat offenders face second-degree felony charges, punishable by two to twenty years in prison. Under the law, police cannot arrest migrants in public or private schools, churches, or healthcare facilities. Still, they are allowed to make arrests on college and university campuses and during routine traffic stops.
What are the Legal Issues Presented in the Lawsuit?
The DOJ’s lawsuit is centered on the argument that Senate Bill 4 is unconstitutional because immigration enforcement is a federal responsibility. The DOJ relies on Arizona v. United States, a 2012 Supreme Court case that ruled only the federal government can enforce immigration laws and is responsible for setting immigration policy –not the states. The DOJ cites Arizona and the fact that the Supreme Court confirmed “that the removal process must be entrusted to the discretion of the Federal Government, partly because a decision on removability… touches on foreign relations and must be made with one voice.”
The lawsuit states that “Texas cannot run its own immigration system” and that Senate Bill 4 “intrude[s] on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate[s] the United States’ immigration operations and proceedings, and interfere[s] with U.S. foreign relations.” The DOJ argues Senate Bill 4 is thus invalid and says it must be enjoined.
The DOJ also relies on the Constitution’s Supremacy Clause, establishing that the Constitution and federal laws made pursuant to it are “the supreme Law of the Land” and take priority over any conflicting state laws. The DOJ argues that Senate Bill 4 is preempted by federal law, and thus violates the Supremacy Clause of the Constitution. The lawsuit also argues that this conclusion is 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.”
Broader Implications for Immigration Policy
This most recent lawsuit reflects the mounting tensions between the federal government and the states over immigration policy. As we enter the 2024 presidential election season, immigration will be at the forefront of debate. Texas politicians blame the Biden Administration for its handling of immigration and the current border crisis. At the same time, Immigrant-rights groups are alarmed at how the state of Texas is allowing local law enforcement to take immigration powers delegated to the federal government and create their own enforcement mechanisms.
In a statement from Principal Deputy Assistant Attorney General Brian M. Boynton, who is head of the DOJ’s Civil Division, “Texas cannot disregard the United States Constitution and settled Supreme Court precedent…[w]e have brought this action to ensure that Texas adheres to the framework adopted by Congress and the Constitution for regulation of immigration.”
The United States is at a legal crossroads, entering unchartered territory on issues of immigration, election law, abortion, and the regulation of artificial intelligence. Immigration is just one legal issue sparking fierce debates and legal showdowns between the federal government and the states. Check back with the Trellis Law Blog to stay current on this and other controversial legal issues being litigated throughout the country. From state district courts to the Supreme Court –this year judges will decide on a range of controversial legal cases that reflect the currently divisive political landscape plaguing the nation.
Interested in Immigration Law?
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Sources:
https://www.nytimes.com/2023/12/28/us/texas-border-law-justice-department.html
https://www.law.cornell.edu/wex/supremacy_clause
Music: Disruptor’s Dance by Anka Mason
Blog Narration: Anka Mason
