(DailyDig.com) – On January 3, the Biden administration took legal action by suing Texas for their contentious new immigration legislation, which provides local police the power to detain migrants. The complaint argues that Texas is not allowed to manage its immigration policy.
Republican Governor Greg Abbott of Texas signed Senate Bill 4, which gives courts the authority to remove illegals by deporting them from the country. The White House has severely criticized the measure, which is set to begin in March.
The Department of Justice (DOJ) had already threatened legal action against Texas last week in the event that they did not withdraw their support for the bill. This is in the midst of Governor Abbott and President Biden’s spat over the control of the US-Mexico border chaos.
The DOJ’s position in its complaint was that the bill challenges the federal government’s monopoly on enforcing immigration laws.
Its actions, according to the lawsuit’s complaint, violate the federal government’s exclusive jurisdiction over the admission and expulsion of noncitizens under SB 4. It messes with U.S. international relations and impedes U.S. immigration operations and procedures. The DOJ believes it must stop SB 4 because it is invalid.
It is evident that SB 4 is unlawful, according to Vanita Gupta, Associate Attorney General. Both the Constitution’s Supremacy Clause and established Supreme Court precedent make it such that individual states cannot pass immigration legislation that would conflict with federal law. Upholding federal law and the Constitution is an ongoing obligation of the Justice Department.
The Biden administration made a request to the Supreme Court earlier this week, asking for the removal of razor wire from the US-Mexico border, which was set up by Texas. Last year, Texas took legal action to halt the wire cutting by the Border Patrol on orders from President Biden, claiming that it violates state property rights and compromises security in an effort to facilitate border crossings for migrants. A federal appeals court has instructed Border Patrol officers to cease the practice while the legal proceedings are underway.
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