The lawsuit argues that the measure is unconstitutional because the federal government has sole authority over immigration.
Civil rights organizations on Tuesday filed a lawsuit challenging the constitutionality of a new Texas law that would allow police to arrest migrants who cross the border illegally and permit local judges to order them to leave the country.
The lawsuit, filed in federal court in Austin, argues that the measure that is set to take effect in March is unconstitutional because the federal government has sole authority over immigration.
The American Civil Liberties Union, its Texas branch, and the Texas Civil Rights Project sued less than 24 hours after Republican Gov. Greg Abbott signed the measure during a ceremony on the U.S.-Mexico border in Brownsville.
The civil rights groups filed the lawsuit on behalf of El Paso County and two immigrant aid groups seeking to block enforcement of the measure, known as SB 4, and declare it unlawful.
“S.B. 4 creates a new state system to regulate immigration that completely bypasses and conflicts with the federal system,” the lawsuit states.
The lawsuit was filed against the head of the Texas Department of Public Safety, whose troopers could arrest migrants, and the El Paso County district attorney, whose office would potentially prosecute cases in that border community.
A DPS spokesperson declined to comment in an email Tuesday, citing the pending litigation.
