Pittsburgh Post-Gazette

Groups’ lawsuit challenges constituti­onality of Texas law

- By Acacia Coronado

AUSTIN, Texas — Civil rights organizati­ons on Tuesday filed a lawsuit challengin­g the constituti­onality of a new Texas law that would allow police to arrest migrants who cross the border illegally and permit local judges to order them to leave the country.

The lawsuit, filed in federal court in Austin, argues that the measure that is set to take effect in March is unconstitu­tional because the federal government has sole authority over immigratio­n.

The American Civil Liberties Union, its Texas branch, and the Texas Civil Rights Project sued less than 24 hours after Republican Gov. Greg Abbott signed the measure during a ceremony on the U.S.-Mexico border in Brownsvill­e.

The civil rights groups filed the lawsuit on behalf of El Paso County and two immigrant aid groups seeking to block enforcemen­t of the measure, known as SB 4, and declare it unlawful.

“S.B. 4 creates a new state system to regulate immigratio­n that completely bypasses and conflicts with the federal system,” the lawsuit states.

The lawsuit was filed against the head of the Texas Department of Public Safety, whose troopers could arrest migrants, and the El Paso County district attorney, whose office would potentiall­y prosecute cases in that border community.

A DPS spokespers­on declined to comment in an email Tuesday, citing the pending litigation.

Mr. Abbott and other Texas Republican­s who support the measure say President Joe Biden isn’t doing enough to control the 1,950mile southern border.

“In his absence, Texas has the constituti­onal authority to secure our border through historic laws like SB 4,” Mr. Abbott said in an email Tuesday, adding that he was willing to take the case to the Supreme Court.

White House press secretary Karine Jean-Pierre criticized the law, but wouldn’t say whether the Justice Department would also challenge it.

“This is an extreme law that will not and does not make the communitie­s in Texas safer,” Ms. Jean-Pierre said. She added that the purpose of the law was to “demonize immigrants and also dehumanize immigrants” and said “communitie­s should not be individual­ly targeted and put into harm’s way.”

According to Tuesday’s lawsuit, DPS Director Steve McGraw told lawmakers that his agency estimates approximat­ely 72,000 arrests will be made each year under the measure.

 ?? Herika Martinez/AFP via Getty Images ?? Agents of the National Migration Institute chase a group of migrants seeking asylum in the U.S. on Tuesday as they attempt to cross the Rio Grande River by Ciudad Juarez, Mexico.
Herika Martinez/AFP via Getty Images Agents of the National Migration Institute chase a group of migrants seeking asylum in the U.S. on Tuesday as they attempt to cross the Rio Grande River by Ciudad Juarez, Mexico.

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