The text allows the arrest of immigrants and gives state judges the power to order deportation
The United States Department of Justice said on Wednesday (3.Jan.2024) that it had filed a lawsuit against the State of Texas to challenge an immigration law. According to Associate Attorney General Vanita Gupta, the text is “clearly” unconstitutional.
“Under the Constitution's Supremacy Clause and long-standing Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress. The Department of Justice will continue to fulfill its responsibility to defend the Constitution and enforce federal law”, she said in a note (completein English – PDF – 93 kB) released by the agency.
As described in the action (complete, in English – PDF – 539 kB), the Texas law would create 2 new state crimes relating to immigrants. It would be classified as a crime, for example, the entry through the State's borders of foreigners without a visa. State authorities could arrest and prosecute violators.
The Texas text also gives state judges the ability to order the deportation of foreigners and establishes a prison sentence for those who do not comply with the order.
The Justice Department argued that the country's Supreme Court confirmed in a previous case that decisions regarding the removal of foreigners from the United States affect diplomatic relations with other nations and should be made by bodies linked to the federal government.
“Texas cannot have its own private immigration system”, the action reads. The text, according to the Department of Justice, does what the State “intrude“in authority”exclusive“from the federal government”of regulating the entry and deportation of noncitizens, frustrates U.S. immigration operations and procedures, and interferes in the country’s foreign relations.”.
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