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Greg Abbott and Joe Biden

Main: Texas Gov. Greg Abbott signs three bills into law at a border wall construction site in Brownsville, Texas, Dec. 18, 2023 (AP Photo/Valerie Gonzalez, File); Inset:
President Joe Biden walks to board Air Force One at Andrews Air Force Base, Md., Friday, Jan. 5, 2024.(AP Photo/Stephanie Scarbrough)

A Ronald Reagan-appointed federal judge on Thursday blocked Texas from enforcing SB 4, a bill Gov. Greg Abbott (R) signed late last year to effect state arrests and deportations of undocumented border crossers regardless of the Biden administration’s enforcement priorities and the Supremacy Clause of the Constitution.

Senior U.S. District Judge David Alan Ezra, sitting on the U.S. District Court for the Western District of Texas and siding with the nonprofit legal group plaintiffs Las Americas and American Gateways, began his order by writing “several factors” led him to conclude that a preliminary injunction blocking Abbott, the Texas Department of Public Safety’s Steven McCraw, and El Paso County DA Bill Hicks from enforcing SB 4 was needed. The judge wrote that Texas is not at war and the state’s assertion that an active “invasion” is afoot is unsupported by the Constitution.

“First, the Supremacy Clause and Supreme Court precedent affirm that states may not exercise immigration enforcement power except as authorized by the federal government. Second, SB 4 conflicts with key provisions of federal immigration law, to the detriment of the United States’ foreign relations and treaty obligations. Third, surges in immigration do not constitute an ‘invasion’ within the meaning of the Constitution, nor is Texas engaging in war by enforcing SB 4,” Ezra said. “Finally, to allow Texas to permanently supersede federal directives on the basis of an invasion would amount to nullification of federal law and authority—a notion that is antithetical to the Constitution and has been unequivocally rejected by federal courts since the Civil War.”

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