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U.S. Department of Justice says it will sue if Texas enforces new law punishing illegal border crossing

By Steven Dial
Published  December 28, 2023 4:25pm CST
FOX 4

U.S. says it will sue Texas over SB4 enforcement

The U.S. Department of Justice has threatened to sue to stop a new Texas law that allows state police to arrest people suspected of illegally crossing the border — unless Gov. Greg Abbott backs off of enforcing the law.

The U.S. Department of Justice sent a letter to Texas Governor Greg Abbott saying if the state enforces a new border control law, it will sue.

The law allows state police to arrest anyone suspected of illegally crossing the border.

The ACLU sued Texas the day after Gov. Abbott signed it into law, and now it appears the Biden administration is threatening a lawsuit as well.

At the start of next year, state police will be allowed to arrest anyone they suspect crossed into Texas illegally.

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Here's what to know about Texas' new law that lets cops arrest migrants entering the US illegally
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Here's what to know about Texas' new law that lets cops arrest migrants entering the US illegally

Civil rights groups and a Texas border county filed a lawsuit Tuesday that seeks to stop the measure from taking effect in March, arguing that the bill is unconstitutional.

The law makes crossing the border without using a port of entry a Class B misdemeanor. Migrants will be given the choice between returning to Mexico or facing a potential six-month jail sentence.

In its letter to Gov. Abbott, the DOJ said only the federal government can enforce immigration laws. It cited a 2012 Supreme Court decision that rejected a similar law in Arizona.

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But Abbott has claimed the federal government isn’t doing its part to control the flow of migrants into U.S. He re-affirmed that statement on Twitter shortly after the letter was sent, claiming the U.S. refuses to enforce current immigration laws.

Additionally, the president of Mexico has said his government also plans to challenge the law.

Another border policy enacted by Texas, involving floating barriers in the Rio Grande, has already been challenged by the Biden administration.