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Justice Dept. Sues Texas Over Law Allowing Police to Arrest Migrants Entering US Illegally

© AP Photo / Rebecca BlackwellHonduran migrant Jonatan Matamoros Flores, 33, who arrived in October with a migrant caravan, climbs the U.S. border wall to stand atop it before returning to the Mexican side in Tijuana, Mexico, Saturday, Dec. 8, 2018
Honduran migrant Jonatan Matamoros Flores, 33, who arrived in October with a migrant caravan, climbs the U.S. border wall to stand atop it before returning to the Mexican side in Tijuana, Mexico, Saturday, Dec. 8, 2018 - Sputnik International, 1920, 04.01.2024
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WASHINGTON (Sputnik) - The US State Department announced it filed a lawsuit against the state of Texas in order to stop a new law allowing police to arrest migrants suspected of crossing the US border illegally.
The law, which is set to come into effect in March, states that police officers can arrest migrants due to illegal entry anywhere in the state of Texas.
In addition, local judges can order migrants accused of illegal entry to leave the United States.
The Justice Department earlier warned officials that Texas' efforts were unconstitutional as it has been previously made clear that such matter falls under the responsibility of the federal government, not state.
"Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress," Associate Attorney General Vanita Gupta said in a statement.
Additionally, the department outlined in the filing that the Texas legislation directly interferes with the US government's "conduct of foreign relations."
Texas Governor Greg Abbott previously remarked in response to the department's warning that the Biden White House has "refused" to enact immigration laws to clamp down on the border crisis.
 A pair of migrant families from Brazil seeking asylum, walk through a gap in the border wall to reach the United States after crossing from Mexico to Yuma, Ariz., June 10, 2021. - Sputnik International, 1920, 03.01.2024
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US House Speaker: Border Situation Part of 'Unmitigated Disaster' Created by Biden

The filing by the Justice Department comes hours after US House Speaker Mike Johnson visited the US-Mexico border along with some 60 other Republican lawmakers to "see firsthand" the growing border crisis.

Johnson in a news conference after arriving at the scene noted the border issues are part of an "unmitigated disaster" created by US President Joe Biden's border and immigration policies.

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