AUSTIN, Texas (CN) — A Texas law making it a state crime to unlawfully cross the southern border was blocked Thursday by a federal judge who found the law to be “antithetical to the Constitution.”
U.S. District Court Judge David Alan Ezra sided with the Justice Department and immigration rights advocates, granting their motions to enjoin the state from enforcing its law, Senate Bill 4. In his 114-page order granting the preliminary injunction, Ezra identified four reasons to block the bill.
“First,” the judge wrote, “the Supremacy Clause and Supreme Court precedent affirm that states may not exercise immigration enforcement power except as authorized by the federal government. Second, SB 4 conflicts with key provisions of federal immigration law, to the detriment of the United States’ foreign relations and treaty obligations.”
Ezra’s remaining explanations rebuked Texas Governor Greg Abbott’s claims that the state is being invaded by migrants coming across the southern border and therefore has the constitutional right to pass such legislation to protect itself. The judge wrote that “surges in immigration do not constitute an ‘invasion.’”
Furthermore, if the state were allowed to enforce its statute because it's protecting itself from an invasion, it would essentially negate the federal government’s authority to regulate immigration. The idea that states may enact immigration statutes runs counter to the Constitution and is unsupported by federal court precedent following the Civil War, Ezra explained.
The Republican-controlled Texas legislature passed SB 4 and Abbott, a staunch conservative, signed it into law in December. The law makes it a state crime to enter the state unlawfully. Any state or local law enforcement officer is tasked with enforcing the law and state courts are responsible for adjudicating such crimes. Migrants can be ordered to be removed from the state by court order and any person who refuses to follow such an order may face up to 20 years in a state prison.
The only exceptions are if an individual can show that they have been granted lawful status such as asylum or are enrolled in the Deferred Action for Childhood Arrivals, or DACA, program.
El Paso County and two immigrant rights advocacy organizations — Las Americas Immigrant Advocacy Center and American Gateways — sued Steven McCraw, director of the Texas Department of Public Safety, shortly after SB 4 was signed into law. The Justice Department followed and sued the state in January. The cases were consolidated.
While the Justice Department claims solely that the law infringes on the federal government’s interest in regulating immigration and foreign affairs, the county and organizations have made claims of potential harm to their operations.
Las Americas and American Gateways say the law will hamper their operations in aiding asylum seekers because individuals seeking federal protections may be expelled by state courts. El Paso County argues the law will strain its jail system, forcing it to make more arrests, thus diverting county funds away from other programs.
During a preliminary injunction hearing on Feb. 15, Judge Ezra cast doubt on the state’s arguments that SB 4 did not violate or supersede any federal immigration statute. Considering the possibility of allowing Texas to institute an immigration law, Ezra said, other states may then follow, turning the United States into a confederacy of states.
“What a nightmare,” Ezra said, pondering the notion.
Throughout the order Ezra calls upon the U.S. Supreme Court’s ruling in Arizona v. United States. In that case, the court invalidated a law that, like SB 4, would have given local law enforcement greater authority to regulate federal immigration law.
The ruling in Arizona and other cases from the high court place the right to regulate immigration squarely in the federal government’s domain. Furthermore, the government has a regulatory framework in place displaying its interest in the management of entry, lawful or unlawful, into the country.
“Although Texas claims that the Biden administration has abandoned the field, Congress has vested [the Department of Homeland Security] and other executive agencies with substantial enforcement power and duties,” Ezra wrote.
The preliminary injunction signed by the judge will block the entire law for the foreseeable future. While lawmakers crafted a severability clause into SB 4 — allowing portions of the law to be blocked or struck down without affecting the law as a whole — Ezra said the law’s provisions are so intertwined that certain aspects cannot be allowed to take effect.
In a post to X, formerly Twitter, Las Americas director of advocacy and legal services Jennifer Babaie celebrated Judge Ezra’s order but noted that the fight is long from over.
“We must continue to be vigilant against Texas' politics of fear and hatred,” Babaie wrote. “But today, immigrants and Texans of color get to pursue living lives of hope, opportunity, & family.”
Texas Attorney General Ken Paxton announced the filing of the state’s appeal hours after the order was released. In a statement, Governor Abbott took the opportunity to criticize President Joe Biden’s handling of migrants crossing into Texas and renew claims that the state is under invasion.
“The President of the United States has a constitutional duty to enforce federal laws protecting States, including laws already on the books that mandate the detention of illegal immigrants,” said Abbott. “Texas has the right to defend itself because of President Biden's ongoing failure to fulfill his duty to protect our state from the invasion at our southern border.”
Since March 2021, Abbott has gradually increased the presence of National Guard troops and state law enforcement through his border security initiative dubbed Operation Lone Star. Over $10 billion in state funds have been allocated toward the mission. Abbott has also touted the nearly 53,000 migrants the state has bused to cities led by Democrats.
The fight over SB 4’s constitutionality is set to wage on, with all sides — including Judge Ezra — believing that it will likely make it before the U.S. Supreme Court.
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