Today, our firm filed an amicus brief in support of Texas’ SB4, which allows law enforcement to arrest individuals suspected of unlawfully being in the United States and Texas. The Biden Administration filed suit against Texas seeking to have SB4 enjoined. Our amicus brief argued that Texas has the authority under Article I, Section 10, Clause 3 and as a sovereign entity to defend itself and its citizens against an actual invasion. The Biden Administration had argued that SB4 violates the Supremacy Clause, but our amicus brief explained that SB4 is not inconsistent with federal law, and the Supremacy Clause does not apply to policy decisions. Finally, we described how Texas is facing an actual invasion and the Biden Administration is refusing to fulfill its duty to enforce the laws and defend the nation.
