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Home News New Texas immigration law unconstitutional, says Justice Department

New Texas immigration law unconstitutional, says Justice Department

by Celia

Washington — The Department of Justice (DOJ) has issued a stern rebuke to Texas Governor Greg Abbott, asserting that a recently enacted state law granting local law enforcement the power to arrest migrants “violates the US Constitution.” The DOJ, in a letter sent on Thursday, threatened legal action unless Governor Abbott refrains from enforcing the contentious legislation.

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The law in question, Senate Bill 4, signed by Abbott earlier this month, empowers local law enforcement to arrest migrants and grants judges the authority to issue orders for the removal of individuals from the United States. The White House criticized the law as “incredibly extreme,” and it is slated to take effect in March.

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Principal Deputy Assistant Attorney General Brian Boynton conveyed in his letter to Governor Abbott that “the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law.” Boynton emphasized that while the federal government is committed to securing the border, the Texas law is deemed “contrary to these goals.”

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In response, Abbott lambasted the Justice Department’s letter, accusing President Joe Biden of “destroying America.” He asserted in a statement on social media, “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. I’ve never seen such hostility to the rule of law in America.”

The ongoing clash between President Biden and Governor Abbott over the handling of the US-Mexico border has intensified, with the new law adding fuel to the fire. The surge of migrants at the border has strained both local and federal resources.

This legal threat from the DOJ follows a previous lawsuit against Texas over the state’s use of floating barriers in the Rio Grande. The lawsuit is still in progress in the courts.

Critics argue that the enforcement of immigration law falls under federal jurisdiction, and as such, the Texas measure is unconstitutional. The law has generated fear within the Latino community in Texas, constituting 40% of the state’s population. Civil-rights groups, including the American Civil Liberties Union, have filed a lawsuit seeking to block the implementation of Senate Bill 4.

The DOJ’s warning of legal action coincides with high-level talks between senior US and Mexican officials this week. Both parties described the discussions as productive, with Mexican officials expected to visit Washington next month to continue the dialogue.

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