JUST IN: Biden admin takes Texas to court over law making illegal border crossing arrestable offense, denies 'invasion' on border

The DHS lawyers argued that there was no "invasion" at the border.


Lawyers with President Joe Biden's Department of Homeland Security faced off against Texas attorneys in court on Thursday with DHS attempting to take down a Texas bill that makes it a state crime to cross the border illegally. The DHS lawyers argued that there was no "invasion" at the border.

Senate Bill 4, which Texas Gov. Greg Abbott signed into law in December in an attempt to slow the border crisis is being challenged in court by the Biden administration. Arrests have already been made in Texas in accordance with the law.

Brian Boynton, the deputy assistant attorney general representing the DOJ, argued that the DHS has not “abandoned” its responsibilities at the southern border.  

“There has been no abandonment,” Boynton said in an hour long argument, according to the Texas Trinbune.  

Biden's DHS brought suit against the state over the law.  

Boynton rejected the idea that there was an “invasion” on the southern border.  

Texas' lawyers argued, “Even if federal immigration laws somehow did run up against SB4, those statutes could not be read to vitiate the federal government’s obligation to protect the States from invasion, nor to trump Texas’s constitutional entitlement to defend itself against invasion.”

The judge in the case, David Ezra, asked many more questions of the Texas' lawyers in the case. He stated, “a little more care should have gone into drafting” and joked that the Texas attorneys were in a difficult position. 

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