Department of Justice Files Statement of Interest Siding with Texas in SB4 Litigation | OPA

Today the Department of Justice filed a Statement of Interest in City of El Cenizo, Texas, et. al vs. Texas, et. al, commonly known as the SB4 litigation.

The lawsuit was filed by several cities trying to block Texas’s SB4 law, which prohibits localities in Texas from implementing or maintaining policies that prevent local officials from sharing immigration-related information with the federal government. Additionally, SB4 directs local officials in Texas to cooperate with immigration detainer requests issued by the federal government under federal law.

The Department primarily argues that SB4 is not preempted by the Supremacy Clause, it is not inconsistent with the Tenth Amendment, and it does not violate the Fourth Amendment.

In filing the Statement of Interest, Attorney General Sessions provided the following statement:

“President Trump has made a commitment to keep America safe and to ensure cooperation with federal immigration laws. Texas has admirably followed his lead by mandating state-wide cooperation with federal immigration laws that require the removal of illegal aliens who have committed crimes.

“The Department of Justice fully supports Texas’s effort and is participating in this lawsuit because of the strong federal interest in facilitating the state and local cooperation that is critical in enforcing our nation’s immigration laws.”