South Carolina Attorney General Alan Wilson has joined with 20 other states in a legal effort to support Texas’ Senate Bill 4 (S.B. 4), a state border security law currently under review by the U.S. Court of Appeals for the Fifth Circuit. The coalition, co-led by South Carolina and Ohio, submitted a legal brief arguing that the federal government is exceeding its authority by attempting to prevent states from taking measures to protect their citizens amid ongoing issues at the southern border.
Attorney General Wilson stated, “Texas is doing what Washington wouldn’t do under the former administration, protect its people. When the federal government refuses to enforce immigration laws, states have not only the right but the duty to step in. This isn’t about politics, it’s about protecting families, upholding the law, and defending state sovereignty.”
The group contends that S.B. 4 is consistent with existing federal immigration law and does not conflict with it. Their brief asks the court to dismiss arguments from the Biden Administration that claim the law is overridden by federal authority, and instead uphold states’ ability to act when they believe federal action is lacking.
The coalition also challenges a lower court’s decision that struck down S.B. 4, asserting that it overlooked established constitutional principles which guide courts to interpret state and federal laws in ways that avoid unnecessary conflict.
The amicus brief was signed by attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Tennessee, West Virginia, and Wyoming.
The full text of the legal brief is available online.
