DOJ threatens lawsuit over sweeping immigration law signed by Texas Gov. Greg Abbott

by Aarón Torres, The Dallas Morning News

12/28/2023 · 4:08 PM CST

Texas Gov. Greg Abbott speaks during a news conference on March 15, 2023, in Austin, Texas. Gov. | Brandon Bell/Getty Images North America/TNS

AUSTIN — If Texas enforces its new sweeping immigration law that allows state and local police to arrest migrants, President Joe Biden’s administration will sue the state, according to a letter the Justice Department sent to Gov. Greg Abbott.

The letter, obtained by The Dallas Morning News, was sent Thursday morning to Abbott and Texas Attorney General Ken Paxton. The letter states that the new law — known as Senate Bill 4 — is unconstitutional.

“Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law,” Principal Deputy Assistant Attorney General Brian Boynton writes.

Abbott’s office didn’t immediately respond to a request for comment. The Houston Chronicle first reported on the letter.

Abbott signed the new law earlier this month in a ceremony in Brownsville and said during the ceremony that the new measure was crafted in a way that it would not be subject to a lawsuit.

But the next day, El Paso County and two immigration rights groups sued the state in a lawsuit led by the ACLU of Texas.

The new law is among the strictest immigration laws passed by a state and immediately received harsh criticism from immigration advocates, attorneys and the Mexican government.

The law challenges the federal government’s authority over federal immigration laws. The Supreme Court has ruled that states have a limited scope when it comes to immigration enforcement.Boynton’s letter emphasizes that and cites the Supreme Court’s ruling where it struck down a similar law passed by Arizona more than a decade ago.

“The U.S. Constitution tasks the federal government with regulating immigration and controlling the international borders,” Boynton writes.