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The U.S. Department of Justice sued the state of Texas on Wednesday over a new state law that would allow Texas police to arrest immigrants suspected of illegally crossing the Texas-Mexico border.
“Texas cannot ignore the U.S. Constitution and settled Supreme Court precedent,” Brian M. Boynton, principal deputy assistant attorney general for the Justice Department's civil division, said in a statement. “We took this action to ensure that Texas adheres to the immigration regulatory framework adopted by Congress and the Constitution.”
The lawsuit was filed in Austin federal court and names Gov. Greg Abbott and Texas Department of Public Safety Director Steve McCraw. They are asking the court to declare the state law unconstitutional and block Texas from enforcing it.
The law, scheduled to go into effect March 5, would make it a national crime to cross the Texas-Mexico border between ports of entry.
The new crime is a Class B misdemeanor, punishable by up to six months in prison. Repeat offenders could be charged with a second-degree felony, punishable by two to 20 years in prison. The law also requires state judges to order convicted immigrants returned to Mexico. If the migrants agree to return to Mexico, the judge could drop the charges.
Abbott and McCraw did not immediately respond to emails seeking comment from The Texas Tribune.
This is the second legal challenge to Texas' new immigration law. In December, the American Civil Liberties Union, ACLU of Texas, and Texas Civil Rights Project announced on behalf of El Paso County and two immigrant rights organizations: El Paso-based Las Americas Immigrant Advocacy Center and Austin-based American Center and filed a lawsuit. Gateways — Asks a federal judge in Austin to block Texas from implementing SB 4 and declare it illegal.
Federal courts, including the U.S. Supreme Court, have ruled that immigration laws can only be enforced by the federal government.
In 2010, the Arizona Legislature passed Senate Bill 1070, making it a state crime for legal immigrants to not carry immigration documents and requiring police to investigate the immigration status of anyone they come in contact with. In a landmark 2012 case, the U.S. Supreme Court ruled that local police do not have the authority to arrest people based solely on immigration status, and said the responsibility lies with the federal government.
