Biden administration warns Texas it will sue if state jails and deports migrants

The Biden administration warned Texas Republican Gov. Greg Abbott on Thursday that legal action will be taken if the state enforces a new law that allows authorities to arrest, jail, prosecute and deport migrants who enter the country illegally. 

A Justice Department official said in a letter sent to Abbott that the law was unconstitutional and “contrary to the US commitment of ensuring the processing of noncitizens consistent with the Immigration and Nationality Act.”

The law, dubbed SB4 or Senate Bill 4, is part of the state’s Operation Lone Star. It goes into effect on March 5.

“SB 4 is preempted and violates the United States Constitution. 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 M. Boynton writes in the missive, obtained by CBS News. 

SB 4, signed into law by Abbott on Dec. 18, makes illegally entering the US from Mexico a state crime and authorizes police to arrest individuals suspected of crossing the Rio Grande between ports of entry

Migrants caught illegally entering the country would face a Class B misdemeanor charge carrying a punishment of up to six months in jail. Repeat offenders would be subject to a second-degree felony charge punishable by up to 20 years in prison.

SB 4 allows Texas judges to drop charges against migrants if they agree to be deported. 

The new law “intrudes into a field that is occupied by the federal government and is preempted,” Boynton argues.

“Indeed, the Supreme Court has confirmed that ‘the removal process’ must be ‘entrusted to the discretion of the Federal Government’ because a ‘decision on removability’ touches ‘on foreign relations and must be made with one voice.’”  

The DOJ official also notes that SB 4 could lead to migrants with legitimate asylum claims being imprisoned or deported to countries where they would face “persecution or torture.” 

The Biden administration asks Abbott to confirm that he will not enforce the new law by Jan. 3.

Abbott slammed the threat, accusing President Biden of “destroying America,” in a social media post linking to a report on the administration’s demand.  

“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,” the governor said in an X post. “I’ve never seen such hostility to the rule of law in America. Biden is destroying America. Texas is trying to save it.” 

A spokesman for Abbott told The Post that Texas will take the legal battle over enforcing SB 4 to the Supreme Court, if necessary  

“Texas is prepared to take this fight all the way to the U.S. Supreme Court to protect Texans and Americans from President Biden’s open border policies,” Abbott rep Renae Eze said in a statement.

“President Biden’s deliberate and dangerous inaction at our southern border has left Texas to fend for itself. Governor Abbott signed Senate Bill 4 into law last week to help stop the tidal wave of illegal entry into Texas as the President refuses to enforce federal immigration laws.”

The governor has attempted to address the surge of migrants into Texas by bussing new arrivals to so-called sanctuary cities, including New York and Chicago, and by constructing a floating barrier in the Rio Grande, which courts have ordered the governor to remove.