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DOJ Drops Case Against Texas Immigration Law But Lawsuit Continues

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US Justice Department Drops Lawsuit Against Texas Immigration Law

AUSTIN — The U.S. Justice Department dropped its lawsuit against Texas’ Senate Bill 4, a 2023 state law that gave the state a role in arresting and deporting undocumented migrants.

Justice Department officials announced the decision in a late-night filing Tuesday. However, the case against Texas continues as private parties — El Paso County and two migrant advocacy groups — fight the state over the law.

Background of the Case

U.S. District Judge David Ezra anticipated President Donald Trump’s Justice Department might drop the case in a Jan. 30 filing in which he set a July 8 trial date. Trump campaigned on launching the largest deportation operation in the country’s history, and Texas state leaders are willing participants in helping his administration carry out its immigration crackdown.

Related:Federal judge sets trial date on legality of 2023 Texas immigration law

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Reaction to the Decision

“Governor Abbott appreciates the federal government removing itself from litigation that President Biden foolishly entered, but the fight is not yet over,” said Andrew Mahaleris, a spokesman for Gov. Greg Abbott. “Texas will not back down from upholding its constitutional right to defend itself.”

The Justice Department did not respond to an email seeking comment on the lawsuit.

The Justice Department’s decision to drop the case is “great news for Texas,” said Rep. David Spiller, R-Jacksboro, who was the House sponsor of SB 4.

“The fight for Texans to be able to protect and secure our sovereignty is looming, but I have never felt better about our position,” Spiller wrote on social media Tuesday night. “Bring it.”

This is great news for Texas. The fight for Texans to be able to protect and secure our sovereignty is looming, but I have never felt better about our position. Bring it. https://t.co/pzmqPdrGev

— David Spiller (@DavidSpillerTX) March 19, 2025

What Happens Next

Despite the Justice Department’s decision, SB 4 will not go into effect. The law is blocked from being enforced following multiple rulings in district and appeals courts.

SB 4 created new state crimes for illegally crossing the U.S.-Mexico border. It also established a state-initiated removal process, allowing migrants convicted of illegal entry or reentry from a foreign nation to be deported after serving their state sentence.

Migrants could be removed without a conviction under SB 4 if a judge or magistrate determined they likely entered or reentered the country illegally. The charge could be dismissed with a written order requiring the migrant to return to the country “from which the person entered or attempted to enter.”

History of the Law

The Justice Department under President Joe Biden sued Texas in January 2024 — a month after Abbott signed the law. Biden officials argued that the law was unconstitutional as the federal government is responsible for enforcing federal immigration laws.

Conclusion

The US Justice Department’s decision to drop its lawsuit against Texas’ Senate Bill 4 is a significant development in the ongoing debate over immigration policy. While the law will not go into effect due to court rulings, the decision is seen as a victory for Texas state leaders who support the law. The case will continue with private parties fighting the state over the law.

FAQs

Q: What is Senate Bill 4?

A: Senate Bill 4 is a 2023 Texas state law that gives the state a role in arresting and deporting undocumented migrants.

Q: Why did the US Justice Department drop its lawsuit against SB 4?

A: The Justice Department did not provide a reason for dropping the lawsuit, but it is seen as a significant development in the ongoing debate over immigration policy.

Q: What happens next in the case?

A: The case will continue with private parties, including El Paso County and two migrant advocacy groups, fighting the state over the law.

Q: Is SB 4 currently in effect?

A: No, SB 4 is blocked from being enforced due to multiple court rulings.

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