DOJ Threatens to Sue Gov. Greg Abbott Over His New Migrant Arrest Law 

Greg Abott

Faced with what the White House described as an “incredibly extreme” law, the U.S. Department of Justice has issued a warning to Governor Greg Abbott: stop the law immediately or be sued for signing what they deem an unconstitutional law.

Legal Tensions Rise in Texas

Illustration. Image credit: Depositphotos

A looming legal battle is brewing as the U.S. Department of Justice threatens to sue a new Texas law that permits the arrest of suspected illegal border crossers. Still, this action hinges on whether Gov. Greg Abbott decides against allowing police enforcement of the law.

Constitutional Boundaries Questioned

Illustration. Image credit: Depositphotos

Texas Governor Greg Abbott received a letter from the Justice Department asserting that the new Texas legislation, SB4, unlawfully steps into federal immigration territory and violates constitutional boundaries.

Cease Law or Face Court

Illustration. Image credit: Shutterstock

“SB4 effectively creates a separate state immigration scheme by imposing criminal penalties for violations of federal provisions on unlawful entry… and by authorizing state judges to order the removal of noncitizens from the United States. SB4, therefore intrudes into a field that is occupied by the federal government and is preempted,” Principal Deputy Assistant Attorney General Brian M. Boynton explained in his letter to Governor Abbott.

Countdown for Texas

Image via DepositPhotos.com

Time is running out for Texas; if the state fails to officially stop enforcing the law by January 3rd, the agency plans to “pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government.”

What to Expect

Illustration. Image credit: Shutterstock

Under the new law, crossing the Texas-Mexico border outside designated ports of entry is classified as a Class B misdemeanor. Migrants agreeing to return to Mexico can have charges dismissed by a judge. Failing that, the accused could face a jail term of up to 6 months, increasing for repeat violations.

“In practice, this would place people with authorization to be in the United States, even United States citizens, at risk of being forced to leave Texas,” Democratic lawmakers explained.

“Incredibly Extreme” Law Set for March 

Judge, Judge Holding Documents, In court, Table
Image by DepositPhotos.com

Republican Governor Abbott signed a measure into law that, unless stopped, is set to take effect in March. This law empowers local law enforcement to arrest migrants and enables judges to issue removal orders from the United States, a move the White House sharply criticized as “incredibly extreme.”

Biden Is “Destroying America”

Belgrade, Serbia. 16th August, 2016. US Vice President Joseph 'Joe' Biden and Serbian PM Aleksandar Vucic holds a joint press conference
Image by ognjen1234 via Depositphotos.com

Striking back, Governor Abbott slammed the Justice Department’s letter later, accusing President Joe Biden of “destroying America” and claiming that “Texas is trying to save it.” 

He wrote in a Thursday post on X, “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. I’ve never seen such hostility to the rule of law in America.”

Fear Among Texas’ Latino Community

Illustration. Image credit: Depositphotos

The ongoing wave of migrants at the US-Mexico border, straining both local and federal resources, might explain why Governor Abbott is so adamantly defending the new law, SB4. On the other hand, the law has sparked widespread fear among the Latino community in Texas, which constitutes 40% of the state’s population.

Over 30,000 Migrants Sent to NYC

Illustration. Image credit: thenews2.com via Depositphotos

Texas isn’t the only state grappling with resource strains due to the rising number of migrants. As reported by the Houston Chronicle, New York City has just imposed new restrictions on buses transporting migrants sent by Governor Abbott, who has already dispatched over 30,000 migrants to the city.

Busing Migrants Across America

Illustration. Image credit: mandritoiu via Depositphotos.com

Earlier this month, Abbott highlighted his migrant transportation initiative, revealing that since August 2022, Texas has bused over 29,300 migrants to New York City and tens of thousands more to cities like Chicago, Los Angeles, Philadelphia, Denver, and Washington, D.C.

Playing Politics with Lives? 

Image by InkDropCreative via DepositPhotos.com

Governor Abbott faces criticism from Democratic mayors dealing with the unexpected arrival of thousands of migrants. They argue that the Texas governor is not collaborating with them to accommodate these newcomers, many of whom are ill-equipped for the cold and are left without adequate shelter.

In a May post on X, New York City’s Mayor Eric Adams explicitly criticized Governor Abbott, saying he is “once again deciding to play politics with people’s lives.”

More from AllThingsFinance

Image by palinchak via Depositphotos.com

Jack Smith urges Judge Aileen Cannon for a speedy trial in a classified documents case involving ex-President Trump: Jack Smith continues pushing Judge Cannon, reminding her that “the speedy trial clock” is ticking

Defamation lawsuit against Kari Lake advances while people compare her to Rudy Giuliani

Image by lev radin / Shutterstock.com

Kari Lake loses First Amendment right to accuse Maricopa County recorder; Arizona Republic ponders if she’s channeling Rudy Giuliani in her sleep : Defamation lawsuit against Kari Lake advances while people compare her to Rudy Giuliani

More Democrats are flipping in a crucial swing state than Republicans

Image by palinchak via Depositphotos.com

In Pennsylvania, a significant number of registered Democrats flipping is sending an unflattering signal to President Biden: More Democrats are flipping in a crucial swing state than Republicans