The Biden administration has threatened to take Texas to court if it allows police officers to arrest, jail and prosecute migrants crossing the border from Mexico.
Texas Governor Greg Abbott signed a new law on December 18 that allows local and state law enforcement to arrest and deport illegal border crossers without federal government intervention.
But the Justice Department has warned it will file a lawsuit in protest of the bill, known as SB4, if the state does not provide assurances to federal officials by Jan. 3 that it will refrain from enforcing the bill. CBS News.
On December 28, a letter was sent to Governor Abbot stating that the new law would criminalize already illegal actions, undermine relations with Mexico and prevent officials from enforcing federal immigration laws.
It comes after border officials recorded the highest number of migrant crossings ever, with a seven-day average of more than 9,600 in December.
The Biden administration has threatened to sue Texas if it allows police officers to arrest, jail and prosecute migrants crossing the border from Mexico.
Texas Governor Greg Abbott signed a new law on December 18 that allows local and state law enforcement to arrest and deport illegal border crossers without federal government intervention.
But the Justice Department has warned it will file a lawsuit against the bill, known as SB4, if the state does not provide assurances to federal officials by Jan. 3 that it will refrain from implementing it, according to CBS News.
The Justice Department letter threatens legal action over the bill signed by Republican Abbott, which he says could reduce the number of crossings by as much as three-quarters as illegal entries continue to rise throughout the winter.
“Because SB 4 is unconstitutional and will disrupt the operations of the federal government, we urge Texas to suppress its enforcement,” wrote Deputy Assistant Attorney General Brian Boynton.
He added that if the state does not withdraw, “the United States intends to file a lawsuit to enforce SB 4.”
Democrats in El Paso County and two immigration rights groups have already taken legal action against the bill, claiming it is unconstitutional.
The lawsuit argues that the federal government and immigration authorities have the ultimate and exclusive authority to make arrests, detentions and deportations – and that Abbott cannot circumvent these procedures.
They claim that the law violates the constitution and invites racist profiling of Spanish citizens.
SB4 would be the strictest state immigration law in modern U.S. history and gives law enforcement authorities in Texas the power to stop, arrest and jail migrants on newly established charges of illegal entry.
State judges in Texas will also be able to issue de facto deportations against suspected violators of the law.
Texas Governor Abbott signed a bill that extends new powers that allow police to arrest migrants crossing the border illegally and give local judges the authority to order them to leave the country
A migrant caravan, 6,000 to 8,000 people strong, makes its way through southern Mexico on its way to the US on Christmas Eve
Thousands of migrants spent Christmas Eve in camps and shelters in southern and central Chihuahua. Many of them are now headed to Juarez and the U.S. border
Illegally entering the U.S. from Mexico could be treated as a misdemeanor under the new law and punishable by up to 180 days in jail and a fine of up to $2,000.
While re-entering the country illegally would be a criminal offense and could lead to a prison sentence of up to 2, 10 or 20 years depending on criminal history.
It's not immediately clear how the law will be enforced or how it will work with federal authorities — such as Customs and Border Patrol and Immigration and Customs Enforcement — who also operate in Texas and other border states.
New video has revealed the human tide of migrants boarding trains in northern Mexico, just hours from the US border, as thousands of migrants travel in a caravan through southern Mexico.
In addition, thousands of asylum seekers are already waiting in Northern Mexico to cross.
In Chihuahua, a Mexican state just south of Texas, about 800 migrants left the capital on Christmas Day bound for Juarez — the Mexican city directly across the international border from El Paso, Texas, according to the Border Report.
Families, including young children, waded across the Rio Grande from Mexico and climbed barbed wire fences all night, and more once the sun rose
After immediately surrendering to border agents, as soon as they could find the overworked agents to seek asylum, they were herded into pens by the hundreds.
Thousands of migrants wrapped in silver thermal blankets, many hoping to seek asylum in the US, have gathered under a bridge in Eagle Pass, Texas, waiting for their chance to surrender to US Border Patrol.
Long lines of migrants use 'space blankets' to brave the elements. Once on the American side, border crossers wait in a makeshift camp in Eagle Pass, set up by the Border Patrol. Because their numbers are so large, it takes federal agents days to screen migrants entering the US
Footage showed hundreds of people riding atop a northbound train, as cars honked and cheered as they passed the train cars.
Another 3,000 migrants are in a migrant camp a few hours south in the town of Jimenez.
It could only be a matter of days before South and Central American asylum seekers arrive at the U.S.-Mexico border and attempt to enter West Texas.
The migrants crossing Eagle Pass have nowhere to go and they are forced to sleep in makeshift camps and shelters.
They have been spotted patiently waiting their turn to be processed, being wrapped in 'space blankets' – sheets of foil often seen after marathons that effectively trap heat.
According to the City of El Paso's migrant dashboard, El Paso has sent 139 buses to Chicago in recent months with the help of state officials.
Last week, the Texas Division of Emergency Management, or TDEM, which handles migrant transports, chartered its first flight carrying migrants to Chicago to avoid increasing restrictions on when and where migrants can be dropped off.