The United States Department of Justice is in a legal battle with Texas regarding Senate Bill 4. This law would make illegal border crossings a crime and crack down on ‘sanctuary city’ policies. It will start on March 5. Civil rights groups, immigration advocates, and local officials have criticized the law.
SB4 is one of the strictest immigration laws in American history, according to the DOJ. State and local police could arrest anyone they suspect entering the country illegally. They wouldn’t need a warrant or probable cause. Local law enforcement would also have to cooperate with federal immigration authorities. They would have to honor detainer requests. Detainer requests are requests to hold someone in custody until immigration agents can take them into custody. If someone violates these requests, they could face fines, jail time, or removal from office.
The DOJ argues that SB4 is unconstitutional. It also contends that SB4 infringes on the federal government’s authority to regulate immigration and border security. The DOJ cites the precedent set by the United States v Arizona case in 2012, which struck down most of Arizona’s similar law, SB 1070. The DOJ claims that SB4 would interfere with the federal government’s ability to set immigration priorities, allocate resources, and protect the rights of immigrants and citizens alike.
The Biden administration has given Texas a deadline of January 3 to repeal or modify SB4 or face a lawsuit. The DOJ wrote a letter to Governor Greg Abbott of Texas. They argued that SB4 violates federal law and the U.S. Constitution’s Supremacy Clause, Equal Protection Clause, and Due Process Clause. The DOJ is worried that SB4 will cause racial profiling, discrimination, and harassment of immigrants and people of color.
Governor Abbott, a Republican, has defended SB4. He vowed to fight the DOJ in court. He accused the Biden administration of not enforcing U.S. immigration laws. He claimed they allowed a surge of illegal immigrants to cross the southern border. He also claimed SB4 is necessary to protect Texas’ safety and sovereignty. It is meant to combat the crisis caused by illegal immigration.
Texas is trying to take control of border security and immigration enforcement through SB4. In March 2023, Abbott started Operation Lone Star. This is a joint effort between the Texas Department of Public Safety and the Texas Military Department. They plan to send over 1,000 state troopers and National Guard members to the border. The goal is to stop illegal immigrants, drug smugglers, human traffickers, and other criminals. Abbott also wants to build a border wall using state money. He also plans to sue the Biden administration for their immigration policies.
The legal fight over SB4 will likely be long and complicated because both sides have solid arguments and interests involved. The result could significantly affect immigration and federalism in the U.S.
