The Biden Administration appealed to the courts against Texas law SB4, which allows the authorities of this state to detain and expel immigrants, as "unconstitutional." The letter emphasizes that, in accordance with the Magna Carta, it assigns exclusively to the Federal Government "the authority to regulate immigration and manage our international borders", something that violates state regulations. In addition, remember that Congress approved a federal law, which is above local regulations, which manages "the entry of foreigners into the United States and their expulsion from the country."
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The Supreme Court has already ruled in favor of the Federal Administration
The complaint states that SB4 "Texas’s law would create two new state crimes that attempt to regulate immigration, with charges ranging from a misdemeanor to a felony. Additionally, SB4 would give state judges the ability to order removal from the United States" The DOJ points out that the Supreme Court's jurisprudence has already ruled in favor of the federal administration in this type of conflict with border states.
Specifically, the document includes the ruling of the Arizona v. United States case, which confirmed that "decisions relating to removal of noncitizens from the United States touch on foreign relations and must be made with one voice.” According to the DOJ, "SB4 impedes the federal government's ability to enforce the entry and removal provisions of federal law and interferes with its management of foreign relations."
"SB4 is clearly unconstitutional"
According to Deputy Attorney General Vanita Gupta, "SB4 is clearly unconstitutional. Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress. The Justice Department will continue to fulfill its responsibility to uphold the Constitution and enforce federal law."
The lawsuit was filed by the Department of Justice on behalf of the United States, but the Department of Homeland Security and the Department of State also participated as prosecutors.
