Justice Department Challenges Texas Senate Bill 4
The Justice Department has taken legal action against the State of Texas, filing a lawsuit to contest Senate Bill 4 (SB 4).
This challenge is grounded in the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause, emphasizing the federal government’s authority over immigration and international borders.
Federal Authority in Immigration Regulation: The Constitution designates the federal government as the entity responsible for regulating immigration and overseeing international borders.
This authority, bestowed upon Congress, is manifested in a comprehensive framework that dictates the entry and removal of noncitizens in the United States.
Premise of the Lawsuit: Due to SB 4 being deemed preempted by federal law and infringing upon the U.S.
Constitution, the Justice Department is seeking a declaration of SB 4’s invalidity. Additionally, the Department aims for an injunction, both preliminary and permanent, to prevent the state from enforcing the law.
Unconstitutionality Assertion: Associate Attorney General Vanita Gupta asserts the unconstitutionality of SB 4, citing the Supremacy Clause and established Supreme Court precedents.
States, under this legal framework, are prohibited from enacting immigration laws that disrupt the Congress-established system.
The Justice Department emphasizes its commitment to upholding the Constitution and enforcing federal law.
Texas’s Constitutional Obligations: Principal Deputy Assistant Attorney General Brian M.
Boynton, head of the Justice Department’s Civil Division, contends that Texas must adhere to the constitutional framework endorsed by Congress for immigration regulation.
This legal action is portrayed as a means to ensure compliance with established laws and precedents.
Key Points in the Complaint: The complaint outlines Texas’s attempt to create two new state crimes related to immigration, carrying charges from misdemeanors to felonies.
SB 4 also grants state judges the authority to order removal from the United States.
The lawsuit draws attention to the Supreme Court’s precedent in Arizona v.
United States, emphasizing the need for a unified voice in decisions regarding the removal of noncitizens, which SB 4 allegedly hinders.
Interference with Federal Authority: The lawsuit contends that SB 4 obstructs the federal government’s enforcement of entry and removal provisions outlined in federal law.
Moreover, it asserts that the law interferes with the federal government’s execution of foreign relations, echoing the Supreme Court’s stance that decisions concerning the removal of noncitizens must be made cohesively.
Representation in the Lawsuit: The legal action is brought forth on behalf of the United States, with representation from the Justice Department, the Department of Homeland Security, and the Department of State.
This collaborative effort underscores the gravity of the constitutional and legal issues raised by Texas’s Senate Bill 4.
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