The US Department of Justice (DOJ) has taken legal action against the State of Texas, filing a lawsuit challenging the immigration law SB 4. This law allows Texas state police to arrest, detain, and deport individuals suspected of illegally crossing the Texas-Mexico border. SB 4 makes unauthorized immigration a state crime, treating it as either a misdemeanor or a felony.
The DOJ contends that SB 4 impedes federal government efforts to enforce entry and removal provisions of immigration law and interferes with its foreign relations conduct. The lawsuit seeks a declaration of SB 4’s invalidity and a preliminary and permanent injunction against its enforcement. The move follows a warning from the Biden administration to Texas in December, and the lawsuit asserts that SB 4 is preempted by federal law and violates the US Constitution.