The Biden administration has said that it will sue Texas if it does not renounce its strict immigration law, SB4, by today.
SB4 is Gov. Greg Abbott’s latest challenge to Biden’s immigration policy, which he says fails to mitigate the surge of migrants entering at the southern border. It gives Texas officials the power to arrest, prosecute, and deport migrants suspected of entering the country illegally. In a state where 40% of the population is Latino, critics fear the legislation will lead to racial profiling.
Under the law, set to take effect in March, illegally entering Texas would range from a misdemeanor to a felony offense. State judges would be able to order migrants suspected of improper entry to return to Mexico or face second-degree felony charges. But Mexico has said it will not accept migrants returning on the orders of Texas officials.
The Constitution gives the federal government the sole authority to regulate immigration, but the Lone Star State is not poised to reverse course. SB4 would create a second immigration scheme, deny asylum to migrants fleeing persecution, and sow confusion at the border. The migrant crisis was already a political vulnerability for Biden, and Texas taking control could make him look weak heading into an election year.
