On Thursday (December 28), The Biden Administration threatened Texas Governor Greg Abbott with a lawsuit. Joe Biden and his administration claimed that if Texas continues to arrest and deport migrants under Abbott’s new law, legal action will be taken.
As of December 28, 2023, it was reported that Texas had captured 10,000 illegal migrants since 2021, which is when Texas Gov. Greg Abbott launched Operation Lone Star. The law hoped to curtail the number of new migrants entering the state/country. As part of the mission, the state allowed authorities to arrest migrants who crossed the border and charge them with misdemeanor trespassing.
However, as the number of captured migrants arrested and charged continued to grow, the number of asylum seekers spiked with it. Per the New York Post, “nearly a quarter of a million people arrived in November this year, marking the highest-ever November and third-highest monthly total on record.”
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Speaking on the issue, attorney Kristin Etter said, “If anything, rather than being a deterrent, it is attracting more people.” In combat of the ever-growing numbers, on December 18, 2023, Texas Gov. Greg Abbott signed a new law that goes into effect in March 2024. It has been dubbed SB4 or Senate Bill 4 and is part of 2021’s Operation Lone Star mission. Under SB4, Abbott permitted state officials to arrest anyone suspected of entering the country illegally.
Abbott’s newest measure makes it a state crime for anyone without authorization to be in the U.S. to cross into Texas outside of a designated port of entry. It is already illegal under federal law for anyone to cross into the U.S. between ports of entry.
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Once arrested and in custody, the migrants will receive a court order to leave the country or they will face prosecution on a Class B misdemeanor charge of illegal entry, including up to six months in jail or a fine of up to $2,000. If they do not comply, they could be rearrested on felony charges. Repeat offenders would be subject to a second-degree felony charge punishable by up to 20 years in prison. SB4 also allows Texas judges to drop charges against migrants if they agree to be deported.
As expected, the new law has already faced legal challenges and the American Civil Liberties Union of Texas (ACLU) is already planning to challenge the measure, along with more than 20 congressional Democrats. However, Abbott stands tall on his word and says that he expects the new law to decrease the number of people crossing illegally into the United States through Texas by “well over 50%, maybe 75%.”
In addition to the ACLU of Texas, the Biden Administration is now bucking back at Gov. Greg Abbott and his new migrant laws. On December 28, Biden threatened Abbott with legal action if the state continued to enforce the new law.
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In a letter issued to Abbott, a Justice Department official called the law unconstitutional and “contrary to the US commitment of ensuring the processing of non-citizens consistent with the Immigration and Nationality Act.”
Per CBS News, Principal Deputy Assistant Attorney General Brian M. Boynton wrote, “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.”
Boynton further argued, “[SB4] 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.’”
The Biden Administration is urging Abbott to confirm that he will not enforce the new law by January 3, 2024. Responding to the threat, Abbott slammed Biden and his administration and accused them of “destroying America.” While taking to X (formerly Twitter), he wrote, “The Biden Admin. not only refuses to enforce current U.S. immigration laws, they now want to stop Texas from enforcing laws against illegal immigration. I’ve never seen such hostility to the rule of law in America. Biden is destroying America. Texas is trying to save it.”
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