Border county of El Paso sues Texas over new law making illegal immigration an arrestable offense in the state

The suit argues that only the federal government has the right to initiate arrests and deportations for suspected illegal immigrants, and that Abbot's Senate Bill 4 as outlined is thus in violation of the Supremacy Clause of the United States Constitution.

Abbot signed the legislation in an attempt to address the unprecedented crisis of illegal immigration at the U.S. southern border; over 7 million people have entered the US illegally since Joe Biden first assumed office in 2021.

This influx of illegal immigrants has created tensions in the United States, especially between Washington, DC and Texas. Texas Attorney General Ken Paxton, for instance, sued the Biden administration for cutting razor wire that was put up in an attempt to protect the Texas border from entering illegal immigrants. The lawsuit notably observes that CBP agents, who are traditionally tasked with keeping the US border secure, have sliced wire barriers and even assisted illegal immigrants as they cross over.

Plaintiffs in the lawsuit against Texas argue that SB 4 is "patently illegal."

"A state cannot replace Congress’s immigration scheme with its own," states the suit. "Plaintiffs hereby file this complaint for declaratory and permanent injunctive relief. Plaintiffs will seek a preliminary injunction necessary to enjoin enforcement of SB 4 in advance of the law’s March 5, 2024 effective date."

A part of Abbot's new legislation plans to crack down on "repeated attempts to enter Texas by creating the offense of illegal reentry," with a prison sentence of up to 20 years being on the table for those who violate the law. It additionally promises "civil immunity and indemnification for local and state government officials, employees, and contractors for lawsuits resulting from the enforcement of these provisions."

According to USA Today, the lawsuit was filed in an Austin federal court by the ACLU on behalf of El Paso County and two immigrant rights organizations: LAs Americas Immigrant Advocacy Center, located in El Paso, and American Gateways. Listed as defendants are Director of the State of Texas Department of Public Safety Steven McCraw and District Attorney for the 34th District Bill Hicks.