Justice Department sues Texas to stop state’s ‘show me your papers’ law

The U.S. Department of Justice on Wednesday made good on its threat to sue Texas over a new state law that would let police to arrest people suspected of crossing the border illegally.

The suit, filed in Austin federal court, argues that Senate Bill 4 — approved last year by the Republican-controlled legislature — impinges on the federal government’s authority to regulate immigration and manage international borders. The Justice Department is asking the court to reject Texas’ law as unconstitutional.

This is the second lawsuit filed to halt SB 4, which critics have called the “show me your papers law” over concerns that it will lead to an increase in racial profiling. The ACLU and other civil rights groups sued last month in Austin federal court, arguing that the measure is unconstitutional.

“Texas cannot disregard the United States Constitution and settled Supreme Court precedent,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said in a statement about the latest lawsuit. “We have brought this action to ensure that Texas adheres to the framework adopted by Congress and the Constitution for regulation of immigration.”

The suit names Gov. Greg Abbott and Texas Department of Public Safety Director Steve McCraw as defendants.

SB 4, which is scheduled to go into effect March 5, makes crossing the border between points of entry a Class B misdemeanor punishable by up to six months in jail. A second offense becomes a second-degree felony with a punishment of up to 20 years in prison.

Critics have blasted those penalties as cruel and unnecessarily harsh.

After the law’s passage, Democratic lawmakers including San Antonio U.S. Reps. Greg Casar and Joaquin Castro urged the Biden White House to take legal action to shut it down.

“This new ‘show me your papers’ law is wrong and unconstitutional,” Casar said in an emailed statement. “I’m getting calls from constituents because they are scared that their families will be torn apart or caged by Abbott. We need to keep families together, not hunt down folks who look like immigrants.”

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This article appears in Dec 27, 2023 – Jan 9, 2024.