Mocobizscene- The US Department of Justice is suing the state of Texas over a law that is deemed “clearly unconstitutional.” This law grants state judges the power to deport migrants from the country.
The Department of Justice (DoJ) issued a warning to Governor Greg Abbott’s administration, stating that it would take legal action if they proceeded with implementing Senate Bill 4. This legislation, signed by the governor recently, is scheduled to come into effect in March.
Local law enforcement officials will be granted the authority to apprehend migrants who are crossing the southern border into the US. Moreover, the law will introduce two new offenses, namely a misdemeanor and a felony, for individuals who are apprehended while attempting to enter the US.
If someone commits the same offense again, they could face a maximum sentence of two years in prison.
Critics have strongly condemned the implementation of the law.
According to Anand Balakirshnan, a senior staff attorney at the ACLU Immigrants’ Rights Project, Governor Abbott’s attempts to bypass the federal immigration system and deprive individuals of their right to due process are not only unconstitutional but also potentially prone to errors.
According to the Department of Justice (DoJ), the Texas law disrupts existing provisions that grant the federal government the power to enforce immigration laws regarding entry and removal. Additionally, the newly enacted law interferes with the federal government’s ability to conduct foreign relations.
The Supreme Court, in its previous ruling on the case of Arizona v. United States, emphasized the importance of making decisions about the removal of noncitizens with a unified approach. This principle was highlighted in a press release issued by the Department of Justice.
The complaint asserts that Texas is unable to operate its own immigration system.
Principal Deputy Assistant Attorney General Brian M. Boynton, who leads the Justice Department’s Civil Division, emphasized the necessity of Texas abiding by the immigration regulations established by Congress and the Constitution. He stated, “We have initiated this action to guarantee Texas’ compliance with the framework set forth by Congress and the Constitution for the regulation of immigration.”
The lawsuit names Mr. Abbott, the state of Texas, the Texas Department of Public Safety, and Steven C. McCraw, the director of the state’s DPS, as defendants.
Mr. Abbott made it known last week that he plans to persist in defending the new law.
“The Biden administration is not only refusing to enforce current US immigration laws, but they are also attempting to prevent Texas from enforcing laws against illegal immigrants,” he expressed on X, formerly known as Twitter.
“I’ve witnessed a level of hostility towards the rule of law in America that I’ve never seen before. The actions taken by Biden are causing immense damage to our country. However, amidst this chaos, Texas is stepping up in an effort to preserve and protect the values that America stands for.”
In a recent legal battle, Mr. Abbott faced a lawsuit from the federal government for placing a floating buoy barrier in the Rio Grande River, the boundary between Texas and Mexico. The Department of Justice (DoJ) argued that the governor had no authority over the border area.
The decision on that lawsuit is still pending.
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