The US Department of Justice (DoJ) has filed a lawsuit against the state of Texas over its implementation of a new immigration law that grants state judges the power to deport migrants. The DoJ argues that the law, known as Senate Bill 4 (SB4), is "clearly unconstitutional" and infringes on the federal government's authority to enforce immigration laws. Last week, the DoJ issued a warning to Texas Governor Greg Abbott, threatening to sue his administration if they began enforcing SB4, which is scheduled to take effect in March.

SB4 not only allows state judges to issue deportation orders but also empowers local law enforcement officials to arrest migrants crossing the southern border into the US. The law introduces two new crimes, a misdemeanor and felony, for those caught entering the country without authorization. Repeat offenders could face up to two years in prison. However, advocates have strongly criticized the law, arguing that it undermines due process and is prone to errors.

The DoJ's lawsuit contends that the Texas law interferes with the federal government's authority to enforce entry and removal statutes. It also argues that the law interferes with the federal government's conduct on foreign relations. The DoJ cites the Supreme Court's ruling in Arizona v. United States, which stated that decisions regarding the removal of noncitizens must be made with "one voice." The complaint filed by the DoJ asserts that "Texas cannot run its own immigration system."

The lawsuit names Governor Abbott, the state of Texas, the Texas Department of Public Safety, and the director of the state's DPS, Steven C. McCraw, as defendants. Governor Abbott has expressed his intention to defend the new law, accusing the Biden administration of refusing to enforce existing immigration laws and attempting to hinder Texas' efforts to address illegal immigration. He criticized President Biden, stating, "I've never seen such hostility to the rule of law in America. Biden is destroying America. Texas is trying to save it."

This is not the first legal battle between the federal government and Texas over immigration. Earlier this year, the DoJ sued Governor Abbott for placing a floating buoy barrier in the Rio Grande River, which separates Texas and Mexico. The DoJ argued that the governor did not have jurisdiction over the borderland. A ruling on that lawsuit is still pending.

The filing of this lawsuit by the DoJ reflects the ongoing tensions between the federal government and states over immigration policy. The Biden administration has emphasized its commitment to a more humane and inclusive approach to immigration, while some states, like Texas, have taken a more restrictive stance. The outcome of this legal battle will have significant implications for the enforcement of immigration laws and the balance of power between the federal government and the states.