Biden’s DOJ sues Texas over law that criminalizes illegal immigration

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The Justice Department asked a federal judge on Wednesday to block Texas’s new strict immigration law that makes being in the country illegally a state crime.

Associate Attorney General Vanita Gupta called the law “clearly unconstitutional” because it interferes with the federal government’s ability to run the immigration system the way it wants.

The lawsuit is the latest clash between President Biden and Texas Gov. Greg Abbott.



The Biden administration has won a court order instructing Texas to remove its floating wall from the Rio Grande, but Texas has won an injunction ordering the feds to stop slashing the 110 miles of razor wire fence that Texas has erected along the river’s banks.

The new law criminalizing illegal immigration at the state level was passed in a special legislative session late last year. The law would take effect in March unless a court stops it.

Texas argues it has been forced to step into the breach that Mr. Biden has left by lax enforcement of immigration law.

Under the new law, those caught in the U.S. without permission would face a misdemeanor charge punishable by up to six months in prison. That matches the current federal law.

Sneaking back in after a deportation would be a felony, which also matches current federal law. To avoid jail, migrants could also accept a state order to leave the U.S. 

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