Gov. Abbott says ‘I like my chances’ after Biden administration sues Texas over migrant arrest law

The Biden administration on Wednesday sued Texas over a new law that allows authorities to arrest migrants who enter the country illegally. 

The lawsuit, filed in the US District Court for the Western District of Texas, comes after the Justice Department threatened Republican Gov. Greg Abbott last week that legal action would be taken unless the state backed down from enforcing the new law, dubbed SB4 or Senate Bill 4, which is slated to go into effect on March 5. 

“The United States brings this action to preserve its exclusive authority under federal law to regulate the entry and removal of noncitizens,” the DOJ’s 22-page complaint states. 

Under SB 4, illegally entering the US from Mexico becomes a state crime, and police would have the authority to arrest individuals suspected of crossing the Rio Grande between ports of entry. 

Migrants caught illegally entering the country would face a Class B misdemeanor charge carrying a punishment of up to six months in jail. Repeat offenders would be subject to a second-degree felony charge punishable by up to 20 years in prison.

SB 4 allows Texas judges to drop charges against migrants if they agree to be deported. 

The law, part of the state’s Operation Lone Star initiative to curtail illegal border crossings, was signed by Abbott on Dec. 18. 

“But Texas cannot run its own immigration system,” the DOJ lawsuit argues. “Its efforts, through SB 4, intrude on the federal government’s exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States’ immigration operations and proceedings, and interfere with U.S. foreign relations.”

“SB 4 is invalid and must be enjoined,” the Justice Department demands, arguing that SB 4 is “preempted by federal law and thus violates the Supremacy Clause of the United States Constitution.”

Abbott suggested Wednesday that he believes Texas will prevail in its latest court battle with President Biden’s Justice Department over his efforts to stem record levels of illegal border crossings.   

“Biden sued me today because I signed a law making it illegal for an illegal immigrant to enter or attempt to enter Texas directly from a foreign nation,” the Texas governor said in an X post. “I like my chances.” 

“Texas is the only government in America trying to stop illegal immigration,” he added. 

A spokesman for Abbott told The Post last week that Texas is prepared to take the legal battle over enforcing SB 4 to the Supreme Court, if necessary  

“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,” Abbott rep Renae Eze said in a statement.

“President Biden’s deliberate and dangerous inaction at our southern border has left Texas to fend for itself. Gov. Abbott signed Senate Bill 4 into law last week to help stop the tidal wave of illegal entry into Texas as the President refuses to enforce federal immigration laws.”

The DOJ has also sued the state over its construction of a floating barrier in the Rio Grande, which courts have ordered Abbott to remove, and has petitioned the Supreme Court to allow Border Patrol agents to clear about 30 miles of razor wire installed along US-Mexico border by Texas in a bid to prevent migrants from crossing into the state.