McCaul Joins Amicus Brief in Support of S.B. 4 in United States v. Texas

WASHINGTON – This week, Congressman Michael McCaul (R-Texas) — chairman emeritus of the House Committee on Homeland Security — joined Congressman Jodey Arrington (R-Texas) in filing an amicus brief supporting the State of Texas in United States v. Texas. The brief, joined by 45 Members of Congress — including the entire Republican Texas delegation — argues in favor of Texas’ Senate Bill 4, which was passed by the state legislature and signed into law by Governor Abbott in December. S.B. 4 makes illegal entry into Texas from a foreign nation a state crime, and the brief cites that states have the sovereign right to self-defense explicitly provided in Article I, Section 10 of the U.S. Constitution. 

“For three years, Texas has been forced to bear the brunt of the Biden administration’s failed open-border policies and abdication of duty,” said Rep. McCaul. “Now the Biden administration — after enabling millions of illegal crossings, a raging opioid crisis, and the worst human trafficking event of my lifetime — wants to prohibit Texas from picking up their slack. As a Texan and an attorney, I’m proud to sign this amicus brief and declare what the Constitution makes clear: In the absence of the federal government, our state has every right to defend itself.”

“It is clear to any honest and objective person living in this country that President Biden has willfully disregarded the laws of the land, abdicated his constitutional duty to provide for a common defense, and unilaterally surrendered control of our border to terrorist drug cartels,” said Congressman Arrington. “Not only has President Biden failed to enforce our laws and secure our border – he has aggressively obstructed Texas’ efforts to do the job of the federal government, including the DOJ lawsuit over SB4. I am proud to lead 45 of my colleagues in an Amicus Brief supporting Texas’ Article 1 Section 10 right to stop the chaos, secure the border, and protect Texans – not only is the Constitution on our side, but the American people are on our side as well.”

Background:

• On December 18, 2023, Governor Abbott signed into state law Senate Bill 4, which was passed by the Texas legislature in a special session. Senate Bill 4 criminalizes illegal entry and reentry into the state from a foreign nation and authorizes state judicial officers to order offenders to return to the nation from which they illegally entered. 
• On January 3, 2024, the DOJ filed suit in the United States District Court for the Western District of Texas to enjoin the Texas bill from taking effect in early March. The DOJ argues that the legislation is unconstitutional and that it is preempted by federal law. 

The main arguments of the congressmembers’ include:

• Texas and every other state in the Union have an inherent right to self-defense explicitly declared in Article I, Section 10 of the Constitution.
• Texas’ right to repel an invasion in nonjusticiable, meaning Texas may exercise its sovereign right to self-defense whenever it may deem necessary through the state legislature. 
• General immigration regulations listed in the Immigration and Nationality Act cannot constrain Texas’ constitutional power to repel an invasion.

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