AUSTIN, Texas — The Trump administration has moved to dismiss a Biden-era lawsuit against Texas over a state law that would allow local police to arrest migrants who enter the country illegally, days after the administration’s decision to dismiss similar lawsuits against Iowa and Oklahoma.
The Justice Department under the Biden administration had sued Texas over concerns that the law, known as Senate Bill 4, was unconstitutional and sought to supersede federal authority.
Signed by Republican Gov. Greg Abbott in 2023, the law would allow law enforcement to arrest migrants for illegal entry and give judges the authority to order them to leave the country. It took effect for just a few hours last year before a federal appeals court put it on hold.
Abbott signed the bill to challenge the federal government after accusing the Biden administration of failing to enact immigration enforcement.
The Trump administration’s decision shadows its refusal to pursue lawsuits against Iowa and Oklahoma, which enacted similar state immigration laws to allow state and local officials to arrest and charge immigrants in the U.S. illegally.
Texas’ law has been considered the most far-encompassing by legal experts and opponents, allowing police anywhere to carry out immigration enforcement.
Senate Bill 4 was one of many efforts by Abbott during the Biden administration to instill more state control over immigration enforcement, which has included busing tens of thousands of migrants to Democratic-controlled cities and installing giant buoys in the Rio Grande to deter migrants from crossing the river from Mexico.
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Lathan is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.