The Biden administration has issued a warning to the state of Texas, stating its intention to sue if a strict immigration law known as SB4 is implemented. The law would grant state and local law enforcement the authority to arrest, detain, and prosecute migrants suspected of entering the United States unlawfully. The Justice Department has set a deadline for Texas to assure federal officials that they will refrain from enforcing the law, or face legal repercussions.

According to a letter obtained by CBS News, the Justice Department's warning came in the form of a letter sent to Texas Governor Greg Abbott on December 28. The letter states that if Texas fails to provide assurance by January 3, the Justice Department will file a lawsuit against SB4, which is set to take effect in March. The law not only criminalizes actions already illegal at the federal level but also allows Texas judges to issue de facto deportation orders.

The Justice Department argues that SB4 will undermine relations with Mexico, as well as hinder officials from enforcing federal immigration laws, including those providing refuge to migrants fleeing persecution. Principal Deputy Assistant Attorney General Brian Boynton, in his letter to Governor Abbott, stated, "Because SB 4 is unconstitutional and will disrupt the federal government's operations, we request that Texas forbear in its enforcement."

If Texas does not comply with the Biden administration's demand, Boynton warned, "the United States intends to file suit to enjoin the enforcement of SB 4." Governor Abbott's representatives have yet to respond to the letter.

SB4, a law signed by Governor Abbott earlier this month, is already facing legal challenges in federal court by the American Civil Liberties Union (ACLU). The ACLU has argued that the law is unconstitutional. This legislation is the latest in a series of measures taken by Texas to challenge President Biden on immigration.

Under Governor Abbott's leadership, Texas has implemented several actions related to immigration, including transporting migrants to other cities, fortifying the Rio Grande with razor wire, and assigning state troopers to arrest migrants on trespassing charges. SB4, if implemented, would be the strictest state immigration law in modern U.S. history, turning unauthorized immigration into a state crime with varying degrees of severity.

Illegal entry into Texas from Mexico under SB4 would be considered a misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. Illegal reentry would be a felony offense, carrying possible jail sentences of 2, 10, or 20 years, depending on the migrant's previous deportation or criminal history.

The law would also grant Texas magistrates the authority to order suspected violators of illegal entry or reentry laws to return to Mexico, instead of undergoing prosecution. Those who violate such orders could face second-degree felony charges.

The Mexican government has expressed its refusal to accept returns of migrants by Texas officials, denouncing SB4 as an "anti-immigrant" law. Despite arguments by Governor Abbott and supporters of SB4 that the law will deter illegal border crossings, critics raise concerns of racial profiling and potential strain on state and local jails. They worry that law enforcement resources will be diverted from addressing serious crimes.

The battle over SB4 between the Biden administration and Texas sets the stage for a landmark legal showdown, with implications for immigration policy and the relationship between state and federal jurisdictions.