US Election 2024

Trump DOJ drops Biden-era court challenge to Texas border security law

The Trump administration is making moves to drop a legal challenge initiated during the Biden era against a Texas immigration law that allows state and local law enforcement to arrest individuals suspected of illegally crossing the U.S. border into Texas. The Justice Department has filed for the dismissal of the federal government’s challenge to the Texas law, known as SB 4, while legal challenges by immigrant rights groups American Gateways and Las Americas Immigrant Advocate Center are set to proceed to a trial in July.

The Texas law in question, enacted in 2023, criminalizes illegal border crossings into Texas and grants local law enforcement officers the authority to arrest individuals observed crossing the border illegally. It also provides for criminal penalties for those who admit to illegally crossing the border, with a provision for a judge to drop charges against a migrant who agrees to return to Mexico.

The Biden administration had raised concerns about the constitutionality of the Texas law, arguing that it violated the federal government’s exclusive authority to regulate immigration. Principal Deputy Assistant Attorney General Brian Boynton had warned Texas Governor Greg Abbott about the potential enforcement of SB 4, stating that it was unconstitutional and could disrupt federal government operations. Despite these warnings, Governor Abbott went ahead and signed the legislation, leading to the ongoing legal challenges.

In the meantime, there has been a significant decrease in border crossings since President Donald Trump took office, with U.S. Customs and Border Protection (CBP) reporting record-low numbers of encounters with illegal migrants at the southwest border. In February 2025, CBP encountered just over 8,000 migrants at the southwest border, marking a decrease of over 90% from the previous year.

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As the legal battles over the Texas immigration law continue, the border remains a focal point of national debate. The Trump administration’s efforts to address border security and immigration enforcement have sparked a range of responses, with advocates on both sides of the issue voicing their opinions on the best path forward. The outcome of these legal challenges could have far-reaching implications for immigration policy in Texas and beyond.

This article was rewritten by Michael Lee for Fox News, drawing on key points from the original report while providing additional context and analysis. Lee has a background in political journalism, having covered politics for various news outlets over the past eight years.

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