Chairman McCaul Joins Letter to AG Garland Opposing the DOJ’s Lawsuit Against the State of Texas
AUSTIN, Texas – Today, Congressman Michael McCaul (R-Texas), Roger Williams (R-Texas), and 19 members of the Texas congressional delegation wrote to Attorney General Merrick Garland, expressing concern and encouraged reconsideration of the Department of Justice’s lawsuit against the State of Texas in relation to Senate Bill 4.
“The record high levels of illegal migration have taken a toll on Texans throughout the state, prompting Governor Abbott to take action where the Biden Administration has not. The Justice Department's argument that SB4 is unconstitutional neglects the fact that the Texas law simply follows current federal immigration law which already makes it a crime to cross into the U.S, illegally," the lawmakers wrote. “Texas has a responsibility to ensure the safety of its residents and must be allowed to act in a manner that is consistent with that goal. President Biden and Secretary Mayorkas have failed Texans and the American people with their open-border policies. Texas should not be punished for this Administration's refusal to enforce our current immigration laws."
The letter was also signed by Pat Fallon (R-Texas), Jake Ellzey (R-Texas), Dan Crenshaw (R-Texas), Keith Self (R-Texas), Chip Roy (R-Texas), Ronny Jackson (R-Texas), Lance Gooden (R-Texas), Pete Sessions (R-Texas), Beth Van Duyne (R-Texas), Michael Burgess (R-Texas), John Carter (R-Texas), Brian Babin (R-Texas), Morgan Luttrell (R-Texas), Monica De La Cruz (R-Texas), Randy Weber (R-Texas), Nathaniel Moran (R-Texas), Troy Nehls (R-Texas), Wesley Hunt (R-Texas), and Michael Cloud (R-Texas).
Background:
• On December 18th, 2023, Texas Governor Greg Abbott signed Senate Bill 4, making illegal entry into or illegal presence in Texas a state crime.
• On January 3rd, 2024, the Department of Justice filed suit against the State of Texas, challenging the constitutionality of Senate Bill 4.
• Since President Biden took office, there have been over 6.7 million encounters at our southern border.
The full text of the letter can be found here and below.
The Honorable Merrick Garland Attorney General
United States of America 950 Pennsylvania Ave. NW
Washington, DC 20530
Dear Attorney General Garland,
We write to you with grave concern regarding the ongoing legal challenges being faced by the State of Texas in relation to Senate Bill 4 (SB4) passed on November 21, 2023, which grants the State of Texas the authority to arrest individuals who illegally crossed the border from Mexico.
In the Justice Department's initial press release announcing its suit, the Department wrote “the Constitution assigns the federal government the authority to regulate immigration and manage our international borders,” yet this Administration and the Secretary of Homeland Security have repeatedly refused to enforce our immigration laws and stop the flow of illegal migrants into our country. Since President Biden took office, U.S. Customs and Border Protection (CBP) has documented more than 6.7 million illegal border crossings; with an additional 1.7 million logged as “got-aways.” This Administration's open-border policies have failed the American people and turned every state into a border state.
The record high levels of illegal migration have taken a toll on Texans throughout the state, prompting Governor Abbott to take action where the Biden Administration has not. The Justice Department's argument that SB4 is unconstitutional neglects the fact that the Texas law simply follows current federal immigration law which already makes it a crime to cross into the U.S, illegally. Since March 2021, Governor Abbott has taken a series of actions in an attempt to alleviate the burden of the crisis at our southern border, but this Administration's failed border policies have enticed migrants to continue to cross. Texas has a responsibility to ensure the safety of its residents and must be allowed to act in a manner that is consistent with that goal.
President Biden and Secretary Mayorkas have failed Texans and the American people with their open-border policies. Texas should not be punished for this Administration's refusal to enforce our current immigration laws. We urge that you reconsider your lawsuit and allow the state of Texas to act as necessary to secure the safety of its residents.
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