SB 4, the controversial Texas immigration law, “slaps the federal immigration law right in the face” according to federal judge in Austin.
In a packed federal courtroom in downtown Austin Thursday morning, attorneys for the United States government squared off with attorneys for the State of Texas over the fate of the latter’s, an unprecedented anti-immigrant law creating a state deportation scheme, which is set to take effect March 5 unless the court halts it.
SB 4 creates state-level crimes for illegally entering or reentering the country in addition to inaugurating a state deportation scheme. At present, the federal government enforces criminal entry and reentry statutes at its discretion and is the sole arbiter of deportation decisions. The Texas law constitutes an unprecedented transfer of exclusively federal power to a state and challengesof jurisprudence on immigration.
“Texas cannot run its own immigration system,” the United States argued in its complaint, which it says it filed to preserve “the federal government’s exclusive authority to regulate the entry and removal of noncitizens.” Prior to SB 4’s passage in a chaotic fourth special legislative session late last year , both Texas Governor Greg Abbott and Attorney General Ken Paxton voiced a desire to overturn theprecedent—with the Supreme Court having shifted right during Trump’s presidency—a goal for which SB 4 is now the potential legal vehicle.
In its brief, Texas argued that the governor’s declaration of an “invasion” legally justifies SB 4 and that his decision is unquestionable. “There is no basis to second-guess Governor Abbott’s determination that a sudden and unprecedented influx into Texas of hostile non-state actors … justify Operation Lone Star’s initiatives, including the enactment and implementation of SB4,” the state said.
At Thursday’s hearing, Ezra appeared to dismiss the invasion argument. “I really do not see any evidence that Texas is at war, although that rhetoric has been used by some Texas politicians,” the judge said, adding that even if a temporary invasion existed it would not justify a permanent statute like SB 4.
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