Biden Administration Attempts to Stop Texas from Enforcing Immigration Law

The Biden administration is responding to a Texas-sized challenge to its authority as the state tries to crack down on the flood of illegal immigrants entering it from Mexico.

In December, Texas Gov. Greg Abbott signed a state law that allows Texas police to arrest anyone who entered the state in between ports of entry, according to the Texas Tribune.

The legislation gives illegal immigrants who are arrested by state and local authorities a choice — remain in Texas behind bars, or accept deportation to Mexico. The law makes being in the state illegally a misdemeanor charge with up to a six-month jail sentence. Charges increase for repeat offenders to become felonies — with a sentence of 2 to 20 years — but those can be dropped if the immigrant agrees to be deported.

A court challenge was expected because, as noted by National Review, the most recent Supreme Court ruling on the issue, Arizona v. U.S., says the federal government has the sole power to deport illegal immigrants.

A Department of Justice complaint said “Texas cannot run its own immigration system.  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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