The U.S. Department of Justice has threatened to take legal action against Gov. Greg Abbott and Texas if the state enforces a new law that makes unlawful entry into the state a crime.
SB 4, signed into law by Abbott on December 18 along with two other border security bills, makes it a crime to enter the state unlawfully, allowing state law enforcement officers to apprehend anyone suspected of breaking the law.
Brian Boynton, principal deputy assistant attorney general, sent a letter to Abbott following the signing of SB 4 that stated the Department of Justice (DOJ) is prepared to take legal action if the law is enforced. Boynton wrote that Texas has until January 3, 2024, to confirm the law will not be enforced.
The letter claims that the new law “intrudes into a field that is occupied by the federal government” and “interferes with the federal government’s ability to enforce the entry and removal provisions of federal law.”
Boynton states in the letter that the United States is prepared to “pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government.”
“SB 4 is preempted and violates the United States Constitution. Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law,” the letter reads. “The United States is committed to both securing the border and ensuring the processing of noncitizens consistent with the Immigration and Nationality Act (INA). SB 4 is contrary to these goals.”
Abbott responded to the threats in a social media post, claiming that President Joe Biden was “destroying America” while “Texas is trying to save it.”
“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,” wrote Abbott. “I’ve never seen such hostility to the rule of law in America.”
The potential legal action comes amidst a growing crisis at the southern border, with unprecedented numbers of unlawful migrants entering the country.
U.S. Customs and Border Protection confirmed to Bill Melugin, a national correspondent for Fox News, that there have been over 276,00 unlawful migrant encounters in December. This number breaks the previous record for the most encounters in a month, which was set in September when CBP reported 269,735 encounters at the southern border.