DOJ files lawsuit against Texas over law creating ‘state immigration crimes’

The Department of Justice filed a lawsuit against Texas over its law creating state immigration crimes.

The move had been expected since Gov. Greg Abbott (R-TX) signed the laws last month, one of which made illegally crossing the border a state crime that is subject to imprisonment or deportation. Immigration law is historically the jurisdiction of the federal government, a fact touted by the DOJ in the lawsuit.

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“The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and removal of noncitizens,” the lawsuit read. “Texas’s Senate Bill 4 (SB 4) creates purported state immigration crimes for unlawful entry and unlawful reentry, permits state judges and magistrates to order the removal of noncitizens from the country, and mandates that state officials carry out those removal orders.”

“But Texas cannot run its own immigration system,” the filing continued. “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.”

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The law is slated to take effect in March and will allow Texas police to arrest people suspected of immigrating illegally. If found to be in the United States illegally, detainees will be given the choice of leaving the country or accepting a judge’s ruling on misdemeanor charges. Subsequent arrests carry the risk of more serious felony penalties.

“Today in Brownsville, I signed three new laws to better protect Texans AND Americans from Biden’s open border policies,” Abbott said in a post on X, the platform formerly known as Twitter. “Illegal entry into Texas is now a crime subject to removal or imprisonment. Texas will also fund new wall construction & increase human smuggling penalties.”