Lubbock Times

Washington, D.C. – Chairman Jodey Arrington (TX-19) and 45 members of Congress have filed an amicus brief supporting the State of Texas in the lawsuit United States v. Texas. The brief supports Texas's Senate Bill 4 (S.B. 4), which criminalizes illegal entry into Texas from a foreign nation.

In the brief, Chairman Arrington argues that states have the sovereign right to self-defense, as explicitly stated in Article I, Section 10 of the U.S. Constitution. He accuses President Biden of disregarding the laws of the land and surrendering control of the border to terrorist drug cartels. Arrington states, "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."

Dan Stein, President of Federation for American Immigration Reform (FAIR), commends Arrington and other lawmakers for raising constitutional questions about states' powers to defend themselves against illegal immigration. Stein emphasizes that the Constitution does not leave states defenseless and urges them to explore every possible measure to protect their citizens.

Texas State Senator Charles Perry supports Arrington's argument, stating that Texas is facing imminent danger from human smuggling, criminal enterprises, and terrorists crossing the border. Perry asserts that Texas' commitment to securing the border has made the nation safer.

Chris Russo, President of Texans for Strong Borders, applauds Arrington's amicus brief and asserts that Texas has the constitutional right to defend its territorial sovereignty and the safety of its citizens. He argues that S.B. 4 is a conservative measure aimed at deterring illegal crossings and preventing the release of apprehended illegal aliens into the interior of the country. Russo criticizes the Department of Justice's attempt to enjoin the law, stating that it demonstrates the administration's radical commitment to open borders.

Background:

On December 18, 2023, Governor Abbott signed Senate Bill 4 into law in Texas. The bill criminalizes illegal entry and reentry into the state from a foreign nation and allows state judicial officers to order offenders to return to their home country.

On January 3, 2024, the Department of Justice (DOJ) filed a lawsuit in the United States District Court for the Western District of Texas to block the implementation of S.B. 4. The DOJ argues that the law is unconstitutional and preempted by federal law.

Today, Chairman Arrington and cosigners filed an amicus brief in support of Texas in the lawsuit United States v. Texas. The brief argues that Texas has the constitutional right to self-defense and that general immigration regulations cannot constrain Texas's power to repel an invasion.