A new lawsuit filed this week by the Biden administration targeting Texas' new anti-illegal immigration law is the latest legal action in a series of challenges by the administration to state-led efforts to deter illegal immigration.
The Justice Department filed a lawsuit Wednesday over a law recently signed by Gov. Greg Abbott that allows state and local law enforcement to arrest illegal immigrants. The Justice Department said it challenged the federal government's authority.
“The United States brought this action to maintain its exclusive authority under federal law to regulate the entry and removal of noncitizens,” the complaint states. “Texas cannot run its own immigration system. Its efforts through SB 4 intrude on the federal government's exclusive authority to regulate the entry and removal of noncitizens and interfere with U.S. immigration operations and processes. and interfere in the foreign relations of the United States.”
Attorney General Biden seeks Supreme Court intervention over Texas Razor Wire on southern border
Migrants from Colombia attempt to cross the Rio Grande River from Mexico into the United States on August 21, 2023 in Eagle Pass, Texas. (AP Photo/Eric Gay/File)
Mr. Abbott responded by targeting the Biden administration, saying he would “sue the state of Texas over its approach to border security rather than enforcing federal laws to end this crisis.''
“Texas will not back down,” he said.
The legal action comes days after the Justice Department asked the Supreme Court to intervene in a legal dispute with Texas over razor wire construction at the border. The state of Texas had filed a lawsuit after federal authorities cut and destroyed wires installed to prevent illegal crossings.
The state accused the government of illegally destroying state-owned property and damaging border security, but the government said power lines were impeding the Border Patrol's ability to patrol the border and officers were unable to arrest illegal immigrants. He said he must be taken into custody.
Justice Department sues Texas over law that forces police to arrest illegal immigrants
After an appeals court blocked the administration from destroying the wires, the Justice Department applied to take the case to the Supreme Court.
Separately, another legal dispute was fought last month over Texas' construction of a floating barrier on the Rio Grande to prevent illegal immigrants from crossing the river.
The Justice Department said the barrier poses a safety risk, violates federal law and impedes the government's ability to “conduct official business.” Specifically, it said the barrier violated the Rivers and Harbors Act, which protects navigable waters from obstructions and establishes the authority of the U.S. Army Corps of Engineers.
The 5th Circuit Court of Appeals ruled in the administration's favor this time, ordering Texas to remove 1,000 feet of barrier. It remains to be seen whether the case will develop further.
Arizona has begun removing shipping containers used to fill gaps in its border wall. (Rebecca Noble/AFP via Getty Images)
The anti-barrier battle waged on various fronts between Texas and the administration is similar to that in Arizona, where the administration sued Arizona a year earlier for accusing then-Texas governors of building a makeshift border barrier. It reflects the struggle ofDoug Ducey uses shipping containers and razor wire to stop illegal immigrants from entering the US
The lawsuit, filed in U.S. District Court, multi ton shipping containerwelded shut and topped with razor wire, “damaged”[s] federal land, threats[s] public safety, obstruction[s] the ability of federal agencies and employees, including law enforcement personnel, to perform their official duties; ”
Eventually, Arizona backed down and removed the containers.
The case against the state of Texas is likely to remain an issue in 2024. More than 302,000 migrants were encountered in December alone, increasing political pressure on the government. He said the country is pursuing policies that expand legal immigration channels and increase the harms of illegal immigration, but also needs funding from Congress and immigration reform. Negotiations continue over billions of dollars in border funding, with Republicans pushing for expanded limits on the release of migrants into the interior.
