Staff Reports
The Biden administration is facing a Texas-sized challenge to its authority as the state of Texas takes steps to crack down on the influx of illegal immigrants entering from Mexico. In an effort to tackle this issue, Texas Governor Greg Abbott signed into law a measure that permits Texas police to arrest individuals who enter the state between ports of entry. This law, which will take effect on March 5, makes being in the state illegally a misdemeanor charge, punishable by up to six months in jail. Repeat offenders can face felony charges, with sentences ranging from 2 to 20 years, although these charges can be dropped if the immigrant agrees to be deported.
Unlike the President, Abbott is standing by our Constitution. Why isn't Biden doing it?
Biden Administration Attempts to Stop Texas from Enforcing Immigration Law https://t.co/tga68RNYYQ
— Sara Johanson (@Oldchick50) January 4, 2024
However, the Biden administration is not amused by these state-level efforts to enforce immigration laws. The Department of Justice has filed a complaint against Texas, arguing that the state is intruding on the federal government’s exclusive authority to regulate immigration and interfere with U.S. foreign relations. The complaint claims that the Texas law, known as SB 4, would impede the federal government’s ability to conduct its enforcement actions and assess national security and public safety risks. It also argues that the law duplicates existing immigration removal processes and fails to consider that the federal government has procedures in place to protect illegal immigrants against deportation.
The Biden administration’s position is clear – Texas cannot interfere with the federal government’s immigration system. Associate Attorney General Vanita Gupta emphasized that under the Supremacy Clause of the Constitution, states cannot adopt immigration laws that interfere with the framework enacted by Congress. However, Republican state Rep. David Spiller, a proponent of the law, argued that it is a necessary response to the Biden administration’s failure to secure the border. Spiller called SB 4 a landmark bill that allows Texans to protect Texas, and described it as a humane, logical, and efficient approach to addressing the problem of illegal immigration.
As this court challenge unfolds, it remains to be seen how the Texas law will fare and what impact it may have on the broader immigration debate in the United States. But one thing is certain – the Biden administration’s authority and its handling of the border crisis are being put to the test.
