The Biden administration is suing Texas Gov. Greg Abbott over the state’s new law that empowers its state and local authorities to jail and prosecute those entering the country illegally, taking on the responsibility given to U.S. Customs and Immigration.
The court documents say the administration is pursuing legal action “to preserve its exclusive authority” to regulate immigration under federal law. It also states that “Texas cannot run its own immigration system.”
Texas’ law — known as SB4 — is “invalid,” the lawsuit says.
What did Gov. Greg Abbott say about the latest lawsuit?
Abbott took to X, formerly known as Twitter, and said, “Biden sued me today because I signed a law making it illegal for an illegal immigrant to enter or attempt to enter Texas directly from a foreign nation.”
“I like my chances,” he added. “Texas is the only government in America trying to stop illegal immigration.”
Utah Sen. Mike Lee also chimed in on X, blaming Biden for the problem, which has left “Texas with no recourse.”
“Biden wants to stop Texas from fixing the problem — the one he created by refusing to enforce the law,” the GOP senator said. “It’s time to enforce the border. Or shut it down.”
The White House blamed Republicans for blocking the president’s efforts to direct more resources to the border, referring to the border security spending deal that Congress has yet to find consensus on.
“We really do hope that we come to a place where we can talk about a bipartisan agreement,” said press secretary Karin Jean-Pierre.
This back and forth coincides with House Speaker Mike Johnson’s visit to Eagle Pass, Texas, on Wednesday. He was accompanied by 60 Republican members of Congress, including Utah Reps. Celeste Maloy and Burgess Owens.
Gov. Greg Abbott defends Texas’ policies against illegal migration
Abbott has been leading the conversation on illegal immigration occurring through the U.S.-Mexico border. He has long expressed frustration with what’s asked of his state while the federal government doesn’t manage the border, before deciding to start busing migrants to Democrat-run cities across the U.S. and install razor wires along the border under Operation Lone Star.
But the crisis at the border has only persisted, with a surge in illegal migrant crossings — more than 300,000 — in December, marking an all-time monthly high in the three years since President Biden took office.
So, on Dec. 18, Abbott signed SB4, which is set to take effect on Sept. 1. A day later, the policy faced a legal challenge from the American Civil Liberties Union. They argued the law is “unconstitutional.”
The strict immigration law also prompted a threat from the Justice Department, which warned Texas that it would file a lawsuit should the state not willingly backtrack on enforcing SB4 and issuing a deadline of Jan. 3.
“SB4 is preempted and violates the United States Constitution,” wrote Brian Boynton, the principal deputy assistant attorney general, in a letter dated Dec. 28. “The United States is committed to both securing the border and ensuring the processing of noncitizens consistent with the Immigration and Nationality Act,” adding the new Texas law “is contrary to these goals.”
In response, Abbott wrote in a post on X that the Biden administration neither enforces the existing federal immigration laws nor are they allowing Texas to enforce “laws against illegal migration.”
“Biden is destroying America. Texas is trying to save it,” Abbott said.
Other legal feuds between Texas and the Biden administration
In December, the Biden administration asked the Supreme Court to allow for the removal of Texas’ razor fence in an emergency appeal after the lower courts ruled in favor of Texas, restricting the wire from being cut or moved.
Texas Attorney General Ken Paxton has vowed to fight the lawsuit brought by the ACLU and the Biden administration in a social media post. “Texas has the sovereign right to protect our state,” he said.
The attorney general is also leading 20 Republican states in legally challenging a federal policy instated under the current administration that allows roughly 360,000 people from a handful of South American countries to enter the U.S. Paxton argues the individuals who are being permitted into the country would not be eligible to immigrate were it not for this policy, as Reuters reported.