Texas immigration law lawsuit overview:
- Who: The United States government filed a lawsuit against the state of Texas, Gov. Greg Abbott, the Texas Deptartment of Public Safety and its director, Steven C. McCraw.
- Why: Texas is overstepping its bounds with its Senate Bill 4, attempting to create immigration law when that is the domain of the federal government, the Texas lawsuit claims.
- Where: The Texas lawsuit was filed in federal court in Austin, Texas.
The United States government filed a lawsuit against the state of Texas, arguing that a law set to go into effect on March 5 oversteps the state’s bounds and interferes with federal authority over immigration policy.
Texas Gov. Greg Abbott, the Texas Deptartment of Public Safety and its director, Steven C. McCraw, are named in the lawsuit that attempts to block SB 4 before it goes into effect.
“Texas’s Senate Bill 4 (SB 4) creates purported state immigration crimes for unlawful entry and unlawful reentry, permits state judges and magistrates to order the removal of noncitizens from the country, and mandates that state officials carry out those removal orders,” the Texas lawsuit says. “But Texas cannot run its own immigration system. Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations.”
Supremacy Clause in Constitution makes competing federal laws ‘law of the land’
The Constitution’s Supremacy Clause says that federal laws such as the Immigration and Nationality Act, when they conflict with state law, are “the supreme law of the land,” according to the Texas lawsuit.
The Constitution also puts the federal government in charge of regulating immigration, foreign affairs and foreign commerce which conflicts with the Texas immigration law, the lawsuit claims.
Texas recently asked a federal court to dismiss a lawsuit related to its floating barriers, claiming the Rivers and Harbors Appropriation Act of 1899 cited in the claim only applies to persons and corporations, not states.
Do you believe Texas should be able to have its own immigration laws? Let us know in the comments.
The Texas immigration law lawsuit is United States of America v. The State of Texas, et al., Case No. 1:24-cv-00008, in the U.S. District Court for the Western District of Texas Austin Division.
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2 thoughts onBiden admin files lawsuit against Texas over new immigration law
Yes , Texas should have their own laws. The states that surround the borders should have their own laws. The other states are not affected by illegal immigrants coming across the borders. Biden ministration has failed our country.
You’re wrong in saying that the states not surrounding the border are not affected!!! We are ALL affected by the illegal immigrants coming across the border & also by the ones Biden & his flunkies have allowed to enter the US!!! We as a nation are ALL ADVERSELY AFFECTED!!!! Yes, the Biden administration has royally screwed this country, in more ways than one!!!!!