Washington, D.C. – Today, Chairman Jodey Arrington (TX-19) issued the following statement in response to the 5th Circuit Court of Appeals ruling on Texas’ Senate Bill 4. SB 4, legislation which makes illegal entry into Texas a state crime, will now go into effect on March 9 unless the Supreme Court intervenes.
“While I applaud the 5th Circuit Court of Appeals for siding with Texas and the Constitution, this fight is far from over,” said Chairman Arrington. “Biden will appeal this ruling to the Supreme Court because his goal remains unchanged: to actively obstruct Texas' efforts to do what the federal government won't - secure the border.Now more than ever, the House must pass my H. Res. 50 to AFFIRM that Texas and every other state has the sovereign, constitutional right of self-defense when the federal government fails to repel an invasion. This will be critical in providing legislative clarity to SCOTUS in its ruling on SB 4. Without it, we're leaving the future of Texas and our nation to chance, and federalism will be all but forsaken.”
Background:
On June 8, 2021 – just six months into Biden’s Border Crisis – Chairman Arrington introduced H. Res. 50, legislation which reaffirms a states’ right to secure their own border and protect their citizens when the federal government fails to act.
The resolution, which has since garnered support from lawmakers from over half of the 50 states, including the entire Texas Republican Delegation, references Article 4 Section 4, which says the federal government “shall protect each of [the states] against invasion,” and Article 1 Section 10, which gives states the sovereign power to repel an invasion and defend their citizenry from “imminent danger” that “will not permit delay.”
On December 18, 2023, Governor Abbott signed into state law Senate Bill 4, which was passed by the Texas legislature in a special session. Senate Bill 4 criminalizes illegal entry and reentry into the state from a foreign nation and authorizes state judicial officers to order offenders to return to the nation from which they illegally entered.
On January 3, 2024, the Department of Justice (DOJ) filed suit in the United States District Court for the Western District of Texas to enjoin the Texas bill from taking effect in early March. The DOJ argued that the legislation is unconstitutional and preempted by federal law.
On February 29, 2024, Federal Judge David Ezra issued a preliminary injunction blocking Texas’ SB 4 just 5 days before the new law would take effect.
On February 13, 2024, Chairman Arrington filed an amicus brief with 45 cosigners in support of Texas and SB 4.
