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DOJ threatens to sue Texas over new law targeting people who are suspected of crossing border illegally

Senate Bill 4 goes into effect in March, but the Department of Justice is giving Gov. Abbott a Jan. 3 deadline to say it won't be enforced.
Credit: AP
FILE - Migrants form lines outside the border fence waiting for transportation to a U.S. Border Patrol facility in El Paso, Texas, May 10, 2023.

AUSTIN, Texas — December is set to be a record-breaking month for the number of migrants who entered the U.S. illegally through the southern border. It comes as the federal government is warning Texas over a newly enacted law meant to help the state address the influx of people.

In a letter sent to Governor Abbott on Thursday, the Department of Justice called the law unconstitutional and threatened to sue.

The Justice Department said they plan to file suit unless Texas agrees to stop enforcing the law, which takes effect in March. According to the letter sent, Gov. Abbott had a Jan. 3 deadline.

"If you have not confirmed by January 3, 2024, that Texas will forbear enforcement of SB 4, the United States will pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government," the letter reads.

The law also makes illegally entering Texas a state felony.

Abbott took to social media, saying the Biden administration refuses to enforce current immigration laws. A spokesperson of the governor's office tell us they're prepared to take this all the way to the U.S. Supreme Court, if needed.

Below is the letter sent by the Department of Justice to Gov. Abbott.

This comes as the U.S. Border Patrol said they took into custody more than 225,000 migrants who crossed the southern border illegally through official crossings through the first 27 days of December. That’s a monthly record for the agency.

Meanwhile, the mayors of New York, Chicago and Denver are asking the Biden administration for more help as they handle thousands of migrants being bussed to their cities from Texas. Experts said the federal government is attempting to bring in more partners to address the issue.

"I think that the U.S. is pitching this is a regional problem, not just a United States problem,” said John Sandweg, the former director of U.S. Immigration and Customs Enforcement. “And we need to work together on this, and there are investments that we're prepared to make."

Part of that effort comes from talks U.S. Secretary of State Antony Blinken had with Mexican officials this week to see how the two countries could cooperate. He returned this week, but Mexican officials are set to visit Washington next month to continue talks.  

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