Justice Department Takes Texas To Court Over Controversial Immigration Law That Empowers State Officials To Prosecute Illegal Migrants

The ongoing tussle over immigration laws in the U.S. has taken a fresh turn, with the U.S. Justice Department launching a legal offensive against the state of Texas. The Justice Department is challenging an immigration law that empowers Texas officials to arrest, prosecute, and deport those who illegally cross the U.S.-Mexico border.

What Happened: The lawsuit against Texas was filed by the U.S. Justice Department on Wednesday, according to a Reuters report. The law under scrutiny, SB4 or Senate Bill 4, criminalizes illegal entry from a foreign country into Texas. It grants state and local law enforcement the authority to arrest and prosecute violators and enables state judges to enforce deportations. Non-compliance can lead to prison sentences of up to 20 years.

This lawsuit by the Justice Department comes on the heels of another legal action initiated by civil rights groups two weeks prior, also aimed at the Republican-backed Texas law. Associate Attorney General Vanita Gupta, referring to the Texas law, said in a U.S. Justice Department statement, “SB 4 is clearly unconstitutional.”

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The law, passed by the Republican-held Texas legislature in November and signed into effect by the state’s Republican Governor, Greg Abbott, in December, is part of the ongoing legal wrangles over Abbott’s efforts to curb and penalize illegal border crossings.

Why It Matters: The controversy over the immigration law arises in the backdrop of escalating concerns about the U.S. southern border situation. In September, Elon Musk visited the U.S.-Mexico border to gauge the situation and converse with key officials and law enforcement personnel. Musk, an immigrant himself, called for an expanded legal immigration system during his visit.

By December, the situation had intensified as the U.S. Border Patrol grappled with an unprecedented surge in migrant crossings. The surge was described as a “humanitarian disaster” by a Border Patrol watch commander. Around the same time, Sen. Lindsey Graham (R-S.C.) criticized the Biden administration's border policies, terming them a "national security nightmare."

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