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SB4 and Illegal Deportations

Justice Department Sues Texas to Stop SB4 and Illegal Deportations

Texas Governor Greg Abbott signed three measures into law on December 17, 2023, to deter illegal immigration at the Texas-Mexico border and give Texas law enforcement authority to arrest undocumented immigrants anywhere in the state. Senate Bill 4 is scheduled to become law in Texas in March 2024, with charges ranging from a misdemeanor to a felony and giving Texas the ability to deport people from Texas outside of the United States.

The U.S. Justice Department is suing Texas over its new immigration law, Senate Bill 4 (SB 4), arguing it’s unconstitutional

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

The Justice Department is suing Texas over SB 4, arguing it’s unconstitutional for several reasons:

  • Federal Jurisdiction:
    The US Constitution gives the federal government authority over immigration and international borders.
  • Congressional Authority:
    Congress has already established a comprehensive immigration framework, and states cannot create their own conflicting laws.
  • Supremacy Clause & Preemption:
    SB 4 interferes with and is “preempted” by existing federal law, violating the Supremacy Clause of the Constitution.
  • Foreign Commerce Clause:
    Arizona v. U.S. precedent dictates that “one voice” should handle the removal of noncitizens, which has foreign relations implications. SB 4 disrupts this unified approach.

The Departments of Homeland Security and State have joined the Justice Department in this lawsuit.

Immigrants Have Rights:
What To Do If You Are Arrested In Texas and Charged With Deportation Under SB4

If SB4 goes into effect in Texas in March and you are an undocumented individual who is arrested and scheduled for deportation under SB4, you have rights. Navigating the complexities of the immigration system can be overwhelming, especially when facing removal proceedings. Removal proceedings can be a complex and stressful process. Seeking guidance from an experienced deportation defense and immigration attorney is crucial to protect your rights and increase your chances of a favorable outcome.

If you are arrested in Texas under SB4 and facing state immigration charges or deportation, it is important to hire an experienced, qualified immigration and deportation defense lawyer to fight for your rights

Learn More:

Talk To An Experienced Deportation Defense Attorney

Don’t try to fight removal proceedings and the U.S. immigration system alone. An experienced immigration and deportation defense attorney can review your case and help you fight against deportation. To discuss your case with a trusted deportation defense attorney, contact Godoy Law Office Immigration Attorneys today for more information. An attorney can sit with you and thoroughly assess your case so you can confidently take your next steps.

Call us today at 630-345-4164.

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Mario Godoy
Mario Godoy
Immigration Lawyer and Illinois Crimmigration Attorney

Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.

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