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Lawsuit filed over SB4 in Texas that targets immigration

On Behalf of | Jan 4, 2024 | Immigration Law

The U.S. Justice Department has initiated a lawsuit against Texas over Senate Bill 4, a new immigration law. This legislation, passed by Texas legislature and signed by Governor Greg Abbott, criminalizes illegal entry or re-entry into Texas from a foreign country.

It empowers state and local law enforcement to arrest and prosecute and even allows state judges to order deportation, with severe penalties for non-compliance. The lawsuit’s basis lies in the assertion that SB4 contravenes constitutional principles.

Claim of interference with federal immigration law

Associate Attorney General Vanita Gupta highlighted the law’s apparent unconstitutionality, citing the Supremacy Clause and established Supreme Court precedents that prevent states from enacting immigration laws that interfere with federal frameworks. This challenge by the Justice Department follows a similar lawsuit filed by civil rights groups against the Texas law.

Mexican government speaks out

The context of this legal confrontation includes rising tensions over immigration policies in the United States. A record influx of migrants at the U.S.-Mexico border has been a contentious issue. The Mexican government has criticized SB4 as an “anti-immigrant measure,” expressing concerns that such legislation could incite hate crimes against migrant communities.

This lawsuit marks a critical juncture in the ongoing debate over state versus federal jurisdiction in immigration matters, underscoring deep political and ideological divides in the U.S. The outcome of this legal battle could have far-reaching implications for immigration law and enforcement across the nation.

While this law doesn’t impact lawful immigration, it could set precedents that significantly change the shape of immigration into this country. Because of the ever-changing landscape of immigration, anyone who wants to come into this country should ensure that they seek personalized legal guidance accordingly.