What does the Texas immigration law aka SB4 entail? DOJ sues the state over implementation, calls it ‘unconstitutional’

In a rather unprecedented move, the United States Department of Justice filed a lawsuit against the new Texas immigration law, Senate Bill 4 (SB4) on Wednesday, January 3. The DOJ cited the "U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause" to state that SB 4 was preempted by federal law and violated the Constitution, which therefore made it invalid.

Associate Attorney General Vanita Gupta claimed that the new Texas immigration law was "unconstitutional". Senate Bill 4, which was only recently signed into law last month by Texas Governor Greg Abbott, allowed any state or local police officer to arrest and charge any illegal immigrants that cross into the state.

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New Texas immigration law halted by the DOJ

Governor Greg Abbott's signing of Senate Bill 4 in December was a monumental move for the state of Texas. Although illegal immigration was already a crime, such violations were usually taken up as civil cases. However, SB4 would make it a state crime, which meant that illegally crossing into the state would become anywhere ranging from a misdemeanor to a felony.

In the case of SB4, illegal immigration into Texas would be treated as a misdemeanor. The law gave police officers all around the state the authority to arrest anyone who crosses the Texas-Mexico border illegally and lands in the state.

Such migrants would be charged with a fine of up to $2000 and a prison sentence of 180 days.

A provision in the law did state that violators can't be arrested in schools, health care centers, or places of worship.

However, an illegal re-entry into the state would amp up the crime to a felony offense, which could land violators with a jail sentence of 2, 10, or even 20 years.

According to the new Texas immigration law, migrants who enter illegally would be given an option by magistrates to return to Mexico instead of carrying out their sentence. If they once again get caught after opting to return to Mexico, then it could become a second-degree felony offense.

Although, the law was slated to come into effect in March 2024, how it would be enforced remained unclear.

On Wednesday, January 3, the DOJ filed a lawsuit against the new Texas immigration law, putting the law to a halt, before it could even be enforced. The lawsuit cited the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause in order to bar the law from coming into effect.

The lawsuit stated that the authority to regulate immigration and manage borders belonged to the federal government, according to the Constitution. There is already an established framework that governs the entry and removal of migrants from the country. Therefore, the DOJ declared in a press release:

"SB 4 is preempted by federal law and violates the U.S. Constitution, the Justice Department seeks a declaration that SB 4 is invalid and an order preliminarily and permanently enjoining the state from enforcing the law."

Associate Attorney General Vanita Gupta called the new Texas immigration law "unconstitutional". She proclaimed that the DOJ would continue to enforce federal law, and uphold the constitution.

"Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress," she stated.

The press release detailed that SB 4 would lead to the creation of two new state crimes aimed at regulating immigration, and would give Texas judges the authority to remove migrants from the country.

However, it was previously stated by the Supreme Court in Arizona v. United States that any decision made to remove migrants touched upon "foreign relations and must be made with one voice".