RIO GRANDE CITY, Texas - U.S. Rep. Henry Cuellar has explained why he could not sign on to a letter sent to Attorney General Merrick Garland that urges the Department of Justice to intervene and prevent Texas Senate Bill 4 from being implemented.
Cuellar’s signature was conspicuous by its absence from a letter coordinated by his Democratic colleague, U.S. Rep. Joaquin Castro of San Antonio, and co-signed by 21 federal lawmakers, including border Reps. Vicente Gonzalez of McAllen, and Veronica Escobar of El Paso.
“SB 4 is an unlawful attempt to engage in federal immigration enforcement. This law will also interfere with federal efforts to create a safe, humane, and orderly system at the border,” the letter to Garland stated.
“This law will impede the constitutional rights and civil liberties of those in Texas. In light of these concerns, we urge the Department of Justice to step in immediately to intervene and prevent this harmful piece of legislation from being implemented.”
SB 4, along with a couple of other border security bills, was signed into law by Gov. Greg Abbott at a border wall in Brownsville earlier this week.
“Four years ago, the United States had the fewest illegal border crossings in decades,” Abbott said. “It was because of four policies put in place by the Trump Administration that led to such a low number of illegal crossings. President Biden has eliminated all of those policies and done nothing to halt illegal immigration. President Biden’s deliberate inaction has left Texas to fend for itself. Today, I will sign three laws to better protect Texas—and America—from President Biden’s border neglect. These laws will help stop the tidal wave of illegal entry into Texas, add additional funding to build more border wall, and crackdown on human smuggling.”
Abbott’s website explained SB 4 this way: “Senate Bill 4 from Special Session #4 (Perry/Spiller) creates a criminal offense for illegal entry into this state from a foreign nation. The law cracks down on repeated attempts to enter Texas by creating the offense of illegal reentry and penalizes offenders with up to 20 years in prison. It also provides the mechanism to order an offender to return to the foreign nation from which the person entered or attempted to enter this state. The law provides civil immunity and indemnification for local and state government officials, employees, and contractors for lawsuits resulting from the enforcement of these provisions.”
Cuellar told Ron Whitlock of Ron Whitlock Reports that he, too, has issues with SB 4. However, he said he could not sign on to correspondence that uses strident language.
“There was some extreme language (in the letter) that, quite honestly, I just did not agree with,” Cuellar said.
“I have concerns about SB 4. This is a federal issue, not a state issue. I think people that know me… I don't use, in my opinion, very strong language. I like to moderate the language.”
Cuellar said immigration is a federal issue and because of this, SB 4 should not pass court muster.
“I do have a problem with SB 4. I think the Supreme Court has already decided in the Arizona case in 2010 that this is something that belongs to the federal government. I think the supremacy clause of the Constitution makes clear this is a an issue,” Cuellar said.
"Do I have concerns about SB 4? Of course I do. Are there training requirements (for state and local law enforcement) in the legislation? No. There could be errors made by the local and state government (in enforcing the legislation). Bottom line is, I looked at the letter. That's not the way I speak. But I do have a problem with SB 4.”
Hidalgo County Judge Richard Cortez also spoke about SB 4. In a posting on social media, he said:
“While I appreciate that Governor Abbott continues to make border security a priority, because it is important, it remains a fact that it will not solve our national border issues without Congress first addressing a comprehensive immigration plan that will allow certain desirable immigrants to safely and legally enter our country to become productive members of our workforce. Most economists agree that our economy needs immigrants. Historically, immigrants have played an important role in developing our nation’s infrastructure. Come on, Congress! Do your job! Our future depends on it.”
