Feds drop lawsuit against 2023 Texas immigration law, case will move forward
EAGLE PASS, TEXAS - NOVEMBER 30: Barbed wire and a wall obstruct access to a road underpass near the U.S.-Mexican border, November 30, 2023, in Eagle Pass, Texas. (Photo by Andrew Lichtenstein/Corbis via Getty Images)
AUSTIN, Texas - The federal government will no longer challenge the legality of a 2023 Texas immigration law, but the case will still move forward in an Austin court, according to court filings.
The United States Department of Justice on Tuesday filed a voluntary dismissal of their challenge of a 2023 Texas law that allows the state to enforce its own immigration laws.
However, the case will still move forward with a July 8 trial in Austin.
What they're saying:
The case against the state was combined with a lawsuit filed by El Paso County and Las Americas Immigrant Advocacy Center. In a Jan. 31 order, Judge David Ezra said the trial date was set "with awareness of positions which may be taken by the United States."
"However, regardless of the position taken by the United States, there are private parties in this case who intend to prosecute the case regardless of whether the United States intends to proceed," Ezra said in the order.
Texas Senate Bill 4
The backstory:
The government sued Texas, saying the state violated the constitution which establishes the federal government as the ultimate say in all things related to immigration.
Several advocacy groups also sued the state to block the law from taking effect.
The law would allow local law enforcement officers to arrest migrants caught crossing the border between ports of entry. Those who are caught later, anywhere in Texas, and admit they crossed illegally can also be charged under SB 4.
A judge could drop the charges if a migrant agrees to return to Mexico, and police could turn over migrant families to Border Patrol agents to avoid separating children from their parents instead of arresting them.
The legislation came about after Texas lawmakers said the Biden administration was not doing enough to stop illegal immigration.
The Source: Information on the decision by the Department of Justice to drop the case comes from court filings in the Western District of Texas. Information on the tentative trial date and order to proceed comes from an order by Judge David Ezra. Information on Senate Bill 4 comes from previous FOX reporting.