Biden Administration Threatens to Sue Texas Over New Border Security Law

Illegal immigrants cross the Rio Grande from Mexico into the United States, in Eagle Pass, Texas, on Sept. 30, 2023. John Moore/Getty Images

The Department of Justice (DOJ) warned Texas that it would sue the state over the new border security law designed to target illegal immigrants if the law is enforced.

The new Texas law is unconstitutional, conflicts with federal laws, and “will disrupt the federal government’s operations,” according to a letter dated Dec. 28 to Texas Gov. Greg Abbott from Principal Deputy Assistant Attorney General Brian M. Boynton.

The letter warned that if Texas does not confirm that the state would abandon the enforcement of the law by Jan. 3, “the United States will pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government.”

On Dec. 18, Texas Gov. Greg Abbott signed a border security bill into law, known as Senate Bill 4, that will give state law enforcement broad authority to arrest migrants who have entered Texas illegally and will allow local judges to order such migrants out of the country.

However, Mr. Boynton cited the case Arizona v. United States, which ruled that the U.S. Constitution grants the federal government the authority to regulate immigration and control the international borders. Therefore, the Texas security law “intrudes into a field that is occupied by the federal government and is preempted,” the letter wrote.

The letter noted that “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 letter also stated that the administration “is committed to both securing the border and ensuring the processing of noncitizens” in accordance with the Immigration and Nationality Act (INA), while the Texas border security law contradicts and conflicts with the INA.

During the bill-signing ceremony of the new law nearly two weeks ago, Mr. Abbott accused the Biden administration of failing to address the illegal immigration issue, saying, “Biden’s deliberate inaction has left Texas to fend for itself.”

The new law, set to go into effect on March 5, 2024, has faced legal challenges from civil rights groups, as the American Civil Liberties Union (ACLU) filed a lawsuit against Texas shortly after Mr. Abbott signed the bill into law.

The Mexican government, which has already voiced its opposition to other moves taken by Texas along the border, also expressed concerns about the new legislation.

On Dec. 28, the Texas governor spoke out against the DOJ in response to the letter.

“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,” Mr. Abbott wrote on X, formerly known as Twitter. “I’ve never seen such hostility to the rule of law in America. Biden is destroying America. Texas is trying to save it.”

Texas has introduced a number of measures to address a record-high number of illegal immigrants crossing the southern border.

In July, Texas installed a floating barrier, a long chain of large buoys in the middle of the Rio Grande, to prevent illegal immigrants from crossing the U.S.-Mexico border. The effort faced legal challenges as a U.S. District Court ordered the state to relocate the barrier from the river in September. Earlier this month, Mr. Abbott vowed to take the legal fight to the Supreme Court when the 5th U.S. Circuit of Appeals sided with the lower court ruling.

In March 2021, Mr. Abbott also started Operation Lone Star, a program in cooperation with the Texas Department of Public Safety and the Texas National Guard. The operation is an effort to secure the border by barring the entry of drugs, weapons, and people and to counter transnational criminal activities between ports of entry.

Since its inception, Operation Lone Star’s collective efforts have resulted in more than 489,500 apprehensions of illegal immigrants and more than 37,500 criminal arrests, including more than 34,100 felony charges, according to Mr. Abbott’s office.

The Epoch Times has reached out to Mr. Abbott for comment.

Savannah Hulsey Pointer contributed to this report.