Biden Threatens To Sue Texas Over Illegal Immigration Law

 December 29, 2023

The battle lines are sharply drawn over immigration in the Lone Star State.

The Biden administration is poised to take legal action against Texas for a controversial state law that criminalizes illegal entry, escalating the conflict over immigration enforcement powers.

The Department of Justice (DOJ) has taken a firm stance, accusing Texas of overstepping its authority and infringing on the federal government's exclusive jurisdiction to handle immigration matters. Texas Republicans, however, maintain that the state's intervention is essential, citing an uptick in illegal border crossings and a perceived laxity in federal enforcement under the current administration. The DOJ has signaled its intent to file a lawsuit by the following Wednesday if Texas does not cease the enforcement of the new law.

Federal Supremacy in Immigration Law

In a clear warning to state officials, DOJ official Brian M. Boynton articulated the federal government's position. "The Department of Justice intends to bring a lawsuit to enforce the supremacy of federal law and to enjoin the operation of SB 4," he stated. The urgency of this legal maneuver underscores the administration's commitment to asserting federal control over immigration policies.

The disputed Texas law, championed by the state's Republican legislators and signed by Governor Greg Abbott, grants local police the authority to enforce immigration laws. It also allows for the deportation of undocumented individuals to Mexico. This has created a direct conflict with the federal government, which asserts its sole right to remove foreign nationals from the country.

Texas officials have expressed their readiness to defend the state's position all the way to the U.S. Supreme Court. They attribute their assertive measures to what they perceive as ineffective border policies under President Biden's leadership, which they claim are compromising the safety and security of Texans and other Americans.

Texas Stands Firm Amid Legal Threats

Renae Eze, a spokeswoman for Governor Abbott, echoed the state's resolve. "Texas is prepared to take this fight all the way to the U.S. Supreme Court to protect Texans and Americans from President Biden’s open border policies,” she affirmed. This statement reflects a broader sentiment among Texas Republicans that state measures are a direct consequence of federal policy failures.

The DOJ's impending lawsuit is not the first legal skirmish between the federal government and Texas over immigration policies. Previously, the Biden administration sued Texas over Governor Abbott's directive to erect water barriers in the Rio Grande, which was another effort by the state to combat illegal entry into the U.S. These ongoing disputes highlight a fundamental disagreement over the roles of state and federal governments in addressing immigration issues.

Illegal border crossings have surged to unprecedented levels, with November recording a record number of apprehensions. The trend reportedly continued into December, adding to the urgency of the situation and fueling the tension between state and federal authorities.

Broader Implications for Immigration Policy

The legal challenge from the DOJ not only represents a defense of federal authority but also sets the stage for a broader debate on immigration policy. It underscores the strained relationship between the Biden administration and Republican-led states like Texas, where there is a sharp disagreement over how to manage the border and address the influx of undocumented migrants.

The lawsuit, should it proceed, could have far-reaching consequences for how immigration law is enforced across the United States. A ruling in favor of the federal government could reaffirm the primacy of federal law over state-initiated immigration policies. Conversely, a ruling in favor of Texas could embolden other states to take similar measures into their own hands.

Liberal legal groups have added their voices to the controversy, launching additional challenges to the Texas law. They allege that the legislation discriminates against certain groups, potentially violating civil rights protections. This indicates that the legal battles may not only center on federalism but also encompass broader issues of equality and justice.


As the federal government prepares to sue Texas over its new law criminalizing illegal entry, the nation watches closely. This impending legal battle is a significant marker in the ongoing struggle between state and federal authorities over who controls immigration enforcement. The outcome could reshape the landscape of immigration policy in the United States.

  • The Biden administration intends to challenge Texas' new law criminalizing illegal entry.
  • The DOJ asserts federal supremacy over immigration enforcement and threatens legal action.
  • Texas Republicans defend the law as necessary due to increased illegal border crossings.
  • The DOJ has given Texas a deadline to halt enforcement of the law.
  • Texas is prepared to defend its law up to the U.S. Supreme Court.
  • Previous legal disputes between the federal government and Texas have set the stage for this confrontation.
  • The lawsuit's outcome could have significant implications for the future of immigration policy.

About Aileen Barro

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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