DOJ sues Texas over law permitting state immigration enforcement

The Department of Justice is challenging a recent move by Texas to permit state law enforcement to arrest illegal entrants to the U.S. and judges to order their deportation.

Texas GOP Gov. Greg Abbott signed the legislation in December, marking the latest effort by the Lone Star State to pursue its own border enforcement measures amid an unprecedented surge in arrivals to the southern border and perceived federal apathy.

The DOJ filed its suit own Wednesday in federal court, arguing that the law is unconstitutional under the Supremacy clause, The Hill reported. The bill is slated to take effect on March 5.

Last week, the administration threatened such a suit, with Principal Deputy Assistant Attorney General Brian Boynton asking Abbott not to enforce the bill.

"Because SB 4 is unconstitutional and will disrupt the federal government's operations, we request that Texas forbear in its enforcement," he wrote to the governor.

Earlier this week, the Department of Homeland Security asked the Supreme Court to intervene in another dispute between Washington and the Texas government related to the border, requesting the court's authorization for border agents to cut through a razor-wire fence the state installed along the Rio Grande riverbank. 

The agency has insisted that the fence impedes border enforcement activities and could present a safety risk to persons attempting to enter the U.S. via the river. The 5th Circuit Court of Appeals had ordered that DHS agents not cut the fence except in the event of medical emergencies.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.