Biden Administration Threatens Legal Action Against Texas Over Strict Immigration Law

The Biden administration has warned Texas that it will sue the state if it implements a strict immigration law known as SB4. This law would empower state and local law enforcement officials to arrest, jail, and prosecute migrants suspected of entering the U.S. unlawfully. The Justice Department has stated that it will file a lawsuit against SB4 if Texas does not assure federal officials by January 3 that the state will refrain from enforcing the law as planned in March.

The implementation of SB4 would create state-level crimes for illegal entry, undermine relations with Mexico, and prevent officials from enforcing federal immigration laws designed to protect migrants fleeing persecution. The Justice Department argues that SB4 is unconstitutional and would disrupt federal government operations. If Texas does not heed the Biden administration’s demand, the United States intends to file a lawsuit to prevent the enforcement of SB4.

Texas Governor Greg Abbott signed SB4 earlier this month after the measure was passed by the Texas legislature. The law is already being challenged in federal court by the American Civil Liberties Union, which has argued that it is unconstitutional.

SB4 is the latest attempt by Texas to challenge President Biden on immigration. Under Governor Abbott, Texas has transported tens of thousands of migrants to Democratic-led cities, fortified the Rio Grande with razor wire, and assigned state troopers to arrest some migrants on trespassing charges.

The measure would make 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. However, the Mexican government has already stated that it would not accept returns of migrants from Texas state officials, denouncing SB4 as an “anti-immigrant” law.

Supporters of SB4, including Governor Abbott, argue that the law will deter illegal border crossings. They fault the Biden administration for the unprecedented levels of migrant crossings recorded over the past three years. However, critics of the law argue that it will lead to racial profiling of people who look like migrants and could backfire from a public safety perspective, overwhelming state and local jails and diverting law enforcement officials away from efforts to arrest serious criminals.