The Biden-Harris administration has been aggressively pursuing lawsuits against red states as a way to advance its policies, which legal experts say could violate states’ rights.

States such as Texas, which have taken steps to curb the surge in illegal immigration that has reached record levels under the Biden administration, now face lawsuits from the federal government. Similarly, states that have passed laws that contradict the Biden administration’s positions on issues such as abortion and gender are facing lawsuits challenging the constitutionality of the bills.

Hans von Spakowski, a senior legal fellow at the Heritage Foundation’s Edwin Mies III Center for Law and Justice Research, told the Daily Caller News Foundation that the amount of litigation filed by the Biden administration is “unprecedented.”

“And those are all examples of the Justice Department abusing its law enforcement powers and violating federalism by going after states,” he said.

Ministry of Justice sued Virginia on Friday over an effort aimed at removing noncitizens from voter rolls “too close to election.” Republican Gov. Glenn Youngkin called it a “desperate attempt to attack the legitimacy” of the state’s elections.

“With less than 30 days left until the election, the Biden-Harris Department of Justice has accused Virginia of properly enforcing a 2006 law signed by Democrat Tim Kaine that required Virginia to exclude noncitizens from the electorate. We are bringing an unprecedented lawsuit against me and the state of Virginia.” Rolling is a process that begins when someone declares themselves a non-citizen and registers to vote, Youngkin said. statement.

The administration similarly targeted Alabama over its efforts to remove noncitizens from voter rolls. Alabama Secretary of State Wes Allen announced in August that 3,251 registered voters had been issued non-citizen identification numbers by the Department of Homeland Security (DHS), adding that the federal government’s list of non-citizens residing in the state. He pointed out that the government had repeatedly refused his requests.

When states decided to take on the issue themselves, they were quickly hit with lawsuits. The Department of Justice announced that it is against federal law to remove voters from state registration lists within 90 days of an election. claimed.

The Biden-Harris Justice Department has launched an unprecedented attack on American voters.

Days before the election, they sued Alabama and Virginia to keep illegal aliens on their voter rolls.

All Americans should be outraged. pic.twitter.com/kuzX1RNcDd

— America First Legal (@America1stLegal) October 12, 2024

Other election lawsuits include a Justice Department lawsuit. arizona Regarding certification of citizenship vote in July 2022 law and georgia Regarding the Election Integrity Act in June 2021.

The Supreme Court allowed Arizona to partially enforce the law in August after the Republican National Committee (RNC) intervened in a separate lawsuit brought by left-wing activists. group. The high court rejected a ban on voting for president without proof of citizenship, but the majority allowed Arizona to reject state voter registration forms without proof of citizenship.

In Georgia, Secretary of State Brad Raffensperger proposed The Justice Department may have coordinated with activists regarding the case and requested documents related to the department’s decision.

“Given that it is a felony under federal law for foreign nationals to register or vote, the Department of Justice applauds states for trying to do something about this problem, and instead of suing states, von Spakovsky said. DCNF noted that the same applies to the immigration sector. “The federal government needs the assistance of state governments and state law enforcement agencies to enforce immigration laws and stem the flow of illegal aliens entering the country illegally.”

The Biden Justice Department is also taking aggressive action against states trying to crack down on illegal immigration. (Related: Supreme Court to feature next case on child sex reassignment ban, guns, pornography)

Texas filed a lawsuit in January and has filed subsequent lawsuits over a state law that gives local governments the power to arrest immigrants who enter the country illegally. iowa and oklahoma in May regarding a similar law.

In 2012, the Supreme Court held An Arizona law that criminalizes being in the state without permission has been preempted by federal law.

“There is little chance that Oklahoma or Texas will succeed without overturning Arizona v. United States, which is probably their goal, but the federal “It’s never inappropriate for the government to enforce (although I don’t really agree with Arizona v. United States),” Competitive Enterprise Association attorney Devin Watkins told DCNF. “The Supreme Court declined to urgently block the Texas law, at least hinting that the Supreme Court could overturn Arizona v. United States on appeal.”

Idaho Attorney General Raul Labrador accused the Biden administration of ignoring states’ rights when the Justice Department filed a lawsuit challenging Idaho’s abortion ban in the Supreme Court.

administration sued Shortly after the Supreme Court struck down Roe v. Wade in 2022, it argued that Idaho’s defense-of-life law prevents doctors from performing abortions in emergency situations that they say are required by federal law. The Supreme Court reinstated the law’s limitations in June and sent the case back to lower courts without deciding whether the law conflicts with federal law.

The Justice Department is currently in the Supreme Court challenging Tennessee’s ban on gender reassignment procedures for minors.

Josh Blackman, a professor at the South Texas College of Law in Houston, told DCNF that the Biden Justice Department “appears to be trying to file as many lawsuits as possible before the election.”

“If Trump wins, it’s going to be difficult.” [the] The Department of Justice has requested that the pending litigation be discontinued,” Blackmun said. “There is also the possibility that private parties may step in to keep the case alive.”

Watkins disagreed that the Biden administration is pursuing more lawsuits than usual, noting that lawsuits over voting issues are “actually very common because federal elections are at issue.” did. (Related: Free speech could be targeted under Harris-Waltz administration)

“Overall, I don’t believe the federal government is suing states more frequently under this administration than it was under the previous administration,” he said. “Some of these cases, if successful, could violate states’ rights, and in many cases the federal government would lose, but this case is not unusual.”

During the Trump administration, the government sued Cap-and-trade agreement between California and Quebec. That too sued Sanctuary city policy in California, New Jersey, and King County, Washington.

“The Trump administration has done other things to pressure states to change their laws, including suspending DHS’s access to New York State’s Global Entry program and threatening federal payments to local jurisdictions. I went,” Watkins added.

The Justice Department did not respond to requests for comment.

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