Justice Department sues Texas over ‘unconstitutional’ migrant deportation law

The U.S. Department of Justice has moved to contest a Texas immigration statute, which it describes as "unconstitutional." This law, if enacted, would allow state judges in Texas to expel individuals of foreign birth to Mexico, regardless of their country of origin. The Department of Justice argues that this contravenes the Constitution's supremacy and foreign commerce clauses, which invest the responsibility of border management and immigration regulation in the federal government rather than state authorities. The law, approved by Governor Abbott in December 2023, was slated to become effective on March 5.

The suit, filed on behalf of the United States inclusive of the Department of State, Department of Homeland Security, and the DOJ, targets the proposed law's attempt to regulate immigration by introducing a continuum of new state crimes. Such offenses would range from minor to major, encompassing illegal entry and re-entry, as well as refusal to comply with expulsion orders. These offenses come with penalties of up to $2000 in fines and imprisonment for up to 180 days. Judges would have the authority to deport undocumented individuals immediately as an alternative to ongoing prosecution.

Domingo Garcia, the President of the League of United Latin American Citizens (LULAC), substantiates the DOJ's reasoning for suing Texas over this proposed law. He criticizes Governor Abbott for disregarding the supremacy clause and lambasts his spending on what he feels are political gimmicks as opposed to finding practical solutions to the border crisis.

Federal protocols and penalties currently exist for unauthorized entry into the U.S. and for removal of unauthorized individuals. The Department of Justice refers to the Supreme Court case Arizona v. United States (2012), which affirmed that the removal of noncitizens is a matter of foreign relations requiring a unified voice.

The Texas law neglects to incorporate defenses for refugees and has no allowances for re-entry into the country which could prevent noncitizens from coming back in even with clearance from a federal agency like Homeland Security. The law is said not to acknowledge U.S. treaty obligations like the Convention Against Torture that protects against inhumane or degrading treatment and prohibits the deportation of noncitizens to a country where they are predicted to be harmed. Concerns are also raised about the potential to damage diplomatic relations with Mexico by forcing non-Mexicans back into their territory.

Mexico's President, Andres Manuel Lopez Obrador, has openly condemned the Texas law, with the Mexican government labeling it an assault on migrants in November. The Department of Justice's lawsuit also coincides with strong opposition to the law, with campaigners labelling it as extreme.

Lydia Guzman, LULAC's national immigration chair, urged for a review of Governor Abbott's actions, emphasizing the need to respect the Constitution and work collectively on complex immigration matters. She affirmed LULAC's commitment to safeguarding Hispanic community rights and ensuring justice for all.