The US Department of Justice has taken a firm stance against the state of Texas, threatening legal action over a controversial immigration law set to go into effect on 5 March. The law, known as Senate Bill 4 (SB4), aims to prevent "sanctuary city" policies in Texas and grant state police the authority to arrest individuals suspected of illegally crossing the border.

SB4 has been deemed one of the most stringent immigration laws in US history, criminalizing "improper border entry" and bringing undocumented Texas residents and migrants under the jurisdiction of the state's criminal justice system. However, the Department of Justice argues that immigration and border enforcement fall squarely within the purview of the federal government.

Citing the Supreme Court's 2012 ruling in United States v. Arizona, which established the federal government's authority over immigration policy, the Biden administration sent a letter to Texas Governor Greg Abbott, giving the state until 3 January to reverse its course or face a lawsuit.

The letter warns, "SB 4 is preempted and violates the United States Constitution. Accordingly, the United States intends to file suit to enjoin the enforcement of SB 4 unless Texas agrees to refrain from enforcing the law." It further emphasizes the administration's commitment to secure the border and process noncitizens according to the Immigration and Nationality Act (INA), noting that SB4 is in conflict with those goals.

In response, Governor Abbott expressed his dismay at the Biden administration's opposition to enforcing existing immigration laws, accusing them of showing hostility towards the rule of law in America. He continued, "Biden is destroying America. Texas is trying to save it."

This clash is part of the broader issue of border security in Texas, with the state launching Operation Lone Star. This joint operation between the Texas Department of Public Safety and the Texas Military Department aims to counter illegal immigration. However, past actions by the Abbott administration have drawn criticism from immigrant and civil rights groups. Earlier this year, the use of razor wire and a floating buoy in the Rio Grande to deter illegal migration resulted in condemnation and legal action by the Department of Justice.

Furthermore, in May, as the Biden administration ended the pandemic-era policy known as Title 42, which allowed the US to turn away asylum seekers at the US-Mexico border due to Covid-19 concerns, Governor Abbott deployed the Texas Tactical Border Force. Equipped with aircraft, boats, night vision devices, and riot gear, the force reinforces border security efforts.

In recent years, Texas has also collaborated with Florida, led by Republican governors, to transport undocumented immigrants from their states to "sanctuary" cities like Chicago, New York, and Boston.

It remains to be seen how the legal battle between the US Department of Justice and Texas over SB4 will unfold. As the March implementation date approaches, tensions are high, making this a contentious issue with significant implications for immigration policies and the relationship between federal and state authorities.