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Biden administration warns Texas it will sue if state implements strict immigration law
https://www.cbsnews.com/news/texas-immigration-law-sb4-justice-department-threatens-lawsuit/
{Camilo Montoya-Galvez | 28 December 2023}
The Biden administration on Thursday warned Texas that it will sue the state if it implements a strict immigration law known as SB4 that would empower state and local law enforcement officials to arrest, jail and prosecute migrants suspected of entering the U.S. unlawfully.
The Justice Department said it would file a lawsuit against SB4 if Texas did not assure federal officials by Jan. 3 that the state would refrain from enforcing the law as planned in March, according to a letter sent to Gov. Greg Abbott on Dec. 28 and obtained by CBS News. In addition to creating illegal entry crimes at the state level, the law would allow Texas judges to issue de facto deportation orders.
In its letter, the Justice Department said SB4 would effectively criminalize actions that are already illegal at the federal level, undermine relations with Mexico and prevent officials from enforcing federal immigration laws, including those designed to grant refuge to migrants fleeing persecution.
"Because SB 4 is unconstitutional and will disrupt the federal government's operations, we request that Texas forbear in its enforcement," Principal Deputy Assistant Attorney General Brian Boynton said in his letter to Abbott.
If Texas does not heed the Biden administration's demand, "the United States intends to file suit to enjoin the enforcement of SB 4," Boynton warned.
In a social media post on Thursday, Abbott, who signed SB4 earlier this month after the measure was passed by the Texas legislature, said the Biden administration's legal threat showed "hostility to the rule of law in America."
The Biden administration, he added, "not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration."
Renae Eze, a spokeswoman for Abbott, said Texas is prepared to defend SB4 before the Supreme Court.
SB4 is already being challenged in federal court by the American Civil Liberties Union, which has also argued the law is unconstitutional.
What would SB4 allow Texas to do?
SB4 is the latest attempt by Texas to challenge President Biden on immigration. Under Abbott, Texas has transported tens of thousands of migrants to New York City, Chicago and other Democratic-led cities, tasked National Guard units to fortify the Rio Grande with razor wire and assigned state troopers to arrest some migrants on trespassing charges.
The measure would be the strictest state immigration law in modern U.S. history, making unauthorized immigration a state crime, ranging from a misdemeanor to a felony.
Entering Texas illegally from Mexico would be treated as a misdemeanor crime, punishable by up to 180 days in jail and a fine of up to $2,000. Illegal reentry into Texas would be a felony offense, punishable with up to 2, 10 or 20 years in jail, depending on whether the migrant in question had been previously deported or convicted of certain crimes.
SB4 would also allow Texas magistrates to order migrants suspected of violating the illegal entry or reentry laws to return to Mexico as an alternative to continuing their prosecution. Those found to violate those orders could be charged with a second-degree felony.
The Mexican government has already said it would not accept returns of migrants from Texas state officials, denouncing SB4 as an "anti-immigrant" law.
Abbott and other supporters of SB4 have argued the law will deter illegal border crossings. He and other Republican leaders have faulted the Biden administration for the unprecedented levels of migrant crossings recorded over the past three years.
But critics of the law have said it will lead to racial profiling of people who look like migrants. They've also argued SB4 could backfire from a public safety perspective, overwhelming state and local jails and diverting law enforcement officials away from efforts to arrest serious criminals.
Read the full letter below:
Office of the Assistant Attorney General
U.S. Department of Justice
Civil Division
Washington, DC 20044
December 28, 2023
By Electronic Mail
The Honorable Greg Abbott
Governor of Texas
P.O. Box 12428
Austin, TX 78711-2428
c/o [email protected]
Re: Texas Senate Bill 4
Dear Governor Abbott:
Texas recently enacted Senate Bill 4 (SB 4), which will become effective on March 5, 2024. The law purports to create new state crimes tied to federal prohibitions on unlawful entry and reentry by noncitizens into the United States, and it would authorize state judges to order the removal of certain noncitizens from the country. SB 4 is preempted and violates the United States Constitution. Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law. The United States is committed to both securing the border and ensuring the processing of noncitizens consistent with the Immigration and Nationality Act (INA). SB 4 is contrary to these goals.
The U.S. Constitution tasks the federal government with regulating immigration and controlling the international borders. See Arizona v. United States, 567 U.S. 387, 394 (2012) (“the Government of the United States has broad, undoubted power over the subject of immigration and the status of” noncitizens). To that end, Congress has established a comprehensive scheme governing the entry and removal of noncitizens, including, among other things, penalties for unlawful entries, grounds for removal, and protections from removal, consistent with U.S. obligations under international human rights and refugee laws. SB 4 effectively creates a separate state immigration scheme by imposing criminal penalties for violations of federal provisions on unlawful entry and reentry into the United States, 8 U.S.C. §§ 1325, 1326, and by authorizing state judges to order the removal of noncitizens from the United States. SB 4 therefore intrudes into a field that is occupied by the federal government and is preempted. Indeed, the Supreme Court has confirmed that “the removal process” must be “entrusted to the discretion of the Federal Government” because a “decision on removability” touches “on foreign relations and must be made with one voice.” Arizona, 567 U.S. at 409.
SB 4 also conflicts with various provisions of the INA. For example, it interferes with the federal government’s ability to enforce the entry and removal provisions of federal law, and it conflicts with various provisions of federal law permitting noncitizens to seek protection from removal to avoid persecution or torture. SB 4 likewise improperly regulates the movement of persons across an international boundary and undermines the United States’ foreign relations.
Because SB 4 is unconstitutional and will disrupt the federal government’s operations, we request that Texas forbear in its enforcement. To the extent you believe there are any facts or law supporting the validity of SB 4, we urge you to promptly bring them to our attention.
Please consider this letter to constitute notice, pursuant to § 1-10.100 and § 4-6.240 of the Justice Manual, that the Department of Justice intends to bring a lawsuit to enforce the supremacy of federal law and to enjoin the operation of SB 4. If you have not confirmed by January 3, 2024, that Texas will forbear enforcement of SB 4, the United States will pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government.
Sincerely,
Brian M. Boynton
Principal Deputy Assistant Attorney General
cc: The Hon. Ken Paxton, Attorney General
Ryan Walters, Office of the Attorney General
https://www.cbsnews.com/news/texas-immigration-law-sb4-justice-department-threatens-lawsuit/
{Camilo Montoya-Galvez | 28 December 2023}
The Biden administration on Thursday warned Texas that it will sue the state if it implements a strict immigration law known as SB4 that would empower state and local law enforcement officials to arrest, jail and prosecute migrants suspected of entering the U.S. unlawfully.
The Justice Department said it would file a lawsuit against SB4 if Texas did not assure federal officials by Jan. 3 that the state would refrain from enforcing the law as planned in March, according to a letter sent to Gov. Greg Abbott on Dec. 28 and obtained by CBS News. In addition to creating illegal entry crimes at the state level, the law would allow Texas judges to issue de facto deportation orders.
In its letter, the Justice Department said SB4 would effectively criminalize actions that are already illegal at the federal level, undermine relations with Mexico and prevent officials from enforcing federal immigration laws, including those designed to grant refuge to migrants fleeing persecution.
"Because SB 4 is unconstitutional and will disrupt the federal government's operations, we request that Texas forbear in its enforcement," Principal Deputy Assistant Attorney General Brian Boynton said in his letter to Abbott.
If Texas does not heed the Biden administration's demand, "the United States intends to file suit to enjoin the enforcement of SB 4," Boynton warned.
In a social media post on Thursday, Abbott, who signed SB4 earlier this month after the measure was passed by the Texas legislature, said the Biden administration's legal threat showed "hostility to the rule of law in America."
The Biden administration, he added, "not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration."
Renae Eze, a spokeswoman for Abbott, said Texas is prepared to defend SB4 before the Supreme Court.
SB4 is already being challenged in federal court by the American Civil Liberties Union, which has also argued the law is unconstitutional.
What would SB4 allow Texas to do?
SB4 is the latest attempt by Texas to challenge President Biden on immigration. Under Abbott, Texas has transported tens of thousands of migrants to New York City, Chicago and other Democratic-led cities, tasked National Guard units to fortify the Rio Grande with razor wire and assigned state troopers to arrest some migrants on trespassing charges.
The measure would be the strictest state immigration law in modern U.S. history, making unauthorized immigration a state crime, ranging from a misdemeanor to a felony.
Entering Texas illegally from Mexico would be treated as a misdemeanor crime, punishable by up to 180 days in jail and a fine of up to $2,000. Illegal reentry into Texas would be a felony offense, punishable with up to 2, 10 or 20 years in jail, depending on whether the migrant in question had been previously deported or convicted of certain crimes.
SB4 would also allow Texas magistrates to order migrants suspected of violating the illegal entry or reentry laws to return to Mexico as an alternative to continuing their prosecution. Those found to violate those orders could be charged with a second-degree felony.
The Mexican government has already said it would not accept returns of migrants from Texas state officials, denouncing SB4 as an "anti-immigrant" law.
Abbott and other supporters of SB4 have argued the law will deter illegal border crossings. He and other Republican leaders have faulted the Biden administration for the unprecedented levels of migrant crossings recorded over the past three years.
But critics of the law have said it will lead to racial profiling of people who look like migrants. They've also argued SB4 could backfire from a public safety perspective, overwhelming state and local jails and diverting law enforcement officials away from efforts to arrest serious criminals.
Read the full letter below:
Office of the Assistant Attorney General
U.S. Department of Justice
Civil Division
Washington, DC 20044
December 28, 2023
By Electronic Mail
The Honorable Greg Abbott
Governor of Texas
P.O. Box 12428
Austin, TX 78711-2428
c/o [email protected]
Re: Texas Senate Bill 4
Dear Governor Abbott:
Texas recently enacted Senate Bill 4 (SB 4), which will become effective on March 5, 2024. The law purports to create new state crimes tied to federal prohibitions on unlawful entry and reentry by noncitizens into the United States, and it would authorize state judges to order the removal of certain noncitizens from the country. SB 4 is preempted and violates the United States Constitution. Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law. The United States is committed to both securing the border and ensuring the processing of noncitizens consistent with the Immigration and Nationality Act (INA). SB 4 is contrary to these goals.
The U.S. Constitution tasks the federal government with regulating immigration and controlling the international borders. See Arizona v. United States, 567 U.S. 387, 394 (2012) (“the Government of the United States has broad, undoubted power over the subject of immigration and the status of” noncitizens). To that end, Congress has established a comprehensive scheme governing the entry and removal of noncitizens, including, among other things, penalties for unlawful entries, grounds for removal, and protections from removal, consistent with U.S. obligations under international human rights and refugee laws. SB 4 effectively creates a separate state immigration scheme by imposing criminal penalties for violations of federal provisions on unlawful entry and reentry into the United States, 8 U.S.C. §§ 1325, 1326, and by authorizing state judges to order the removal of noncitizens from the United States. SB 4 therefore intrudes into a field that is occupied by the federal government and is preempted. Indeed, the Supreme Court has confirmed that “the removal process” must be “entrusted to the discretion of the Federal Government” because a “decision on removability” touches “on foreign relations and must be made with one voice.” Arizona, 567 U.S. at 409.
SB 4 also conflicts with various provisions of the INA. For example, it interferes with the federal government’s ability to enforce the entry and removal provisions of federal law, and it conflicts with various provisions of federal law permitting noncitizens to seek protection from removal to avoid persecution or torture. SB 4 likewise improperly regulates the movement of persons across an international boundary and undermines the United States’ foreign relations.
Because SB 4 is unconstitutional and will disrupt the federal government’s operations, we request that Texas forbear in its enforcement. To the extent you believe there are any facts or law supporting the validity of SB 4, we urge you to promptly bring them to our attention.
Please consider this letter to constitute notice, pursuant to § 1-10.100 and § 4-6.240 of the Justice Manual, that the Department of Justice intends to bring a lawsuit to enforce the supremacy of federal law and to enjoin the operation of SB 4. If you have not confirmed by January 3, 2024, that Texas will forbear enforcement of SB 4, the United States will pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government.
Sincerely,
Brian M. Boynton
Principal Deputy Assistant Attorney General
cc: The Hon. Ken Paxton, Attorney General
Ryan Walters, Office of the Attorney General
