“The Biden Department of Justice warned Texas Governor Greg Abbott on Thursday that it will take legal action if the state enforces a new law that allows authorities to arrest, jail, prosecute and deport illegal aliens.
In a letter to Abbott, a Justice Department official said that SB4 or Senate Bill 4 was unconstitutional and “contrary to the US commitment of ensuring the processing of noncitizens consistent with the Immigration and Nationality Act,” the New York Post reported.
The law, which is slated to take effect on March 5, 2024, makes it a state crime to cross the Texas-Mexico border between ports of entry and gives Texas judges the authority to order illegal immigrants to leave the country.
The offense will be a Class B misdemeanor carrying a punishment of up to six months in jail. Repeat offenders would potentially face a second-degree felony and a punishment of two to 20 years in prison.
Under the new law, illegal immigrants in police custody would be given the choice to either agree to the judge’s order to leave the U.S. or be prosecuted on misdemeanor charges of illegal entry.
Judges would be able to drop the charges if migrants agree to return to Mexico.
Illegal aliens ordered to leave would be sent across ports of entry back to Mexico, even if they are not Mexican citizens, according to the measure.
Those caught re-entering the country would face penalties ranging from 180 days in jail to 20 years in prison. Migrants who refuse to leave could face arrest again with stiffer penalties under felony charges.
“SB 4 is preempted and violates the United States Constitution,” Principal Deputy Assistant Attorney General Brian M. Boynton wrote in the letter. “Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law.”
The new law “intrudes into a field that is occupied by the federal government and is preempted,” Boynton continued.”
h/t Sarah Hoyt
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