Texas Senator Ted Cruz has condemned a provision in the $118 billion bipartisan Senate immigration and foreign aid bill that would prevent state authorities from challenging its provisions in local courts.
The legislation would give the U.S. District Court for the District of Columbia "sole and original jurisdiction to hear challenges" relating to its content, centralizing authority in the capitol.
Speaking to Newsweek, Cruz said this will strip powers from his home state. He said: "This border deal grants federal district courts in D.C. the 'sole and original jurisdiction to hear challenges' arising out of the proposed new law.
"This means that the State of Texas wouldn't be able to sue the Biden Administration in Texas for violating the provisions of the proposed law—something the State has done effectively for over three years now.
"Instead, these cases would have to be heard in Washington, where Texas will almost certainly lose thanks to a superabundance of liberal judges. This, of course, is by design because the Biden Administration is tired of losing in Texas district courts and the Fifth Circuit."
Newsweek reached out to the White House press office outside of normal business hours. This article will be updated if a response is received.
The Emergency National Security Supplemental Bill, which was introduced on Monday after negotiations involving a cross-party group of Senators, sets out who would have legal authority over its enforcement.
It states: "The United States District Court for the District of Columbia shall have sole and original jurisdiction to hear challenges, whether constitutional or otherwise, to the validity of this section or any written policy directive, written policy guideline, written procedure, or the implementation thereof."
On Tuesday, Texas Governor Greg Abbott shared a Newsweek article relating to the provision, titled 'Texas Stripped of Powers in Border Security Bill' on X, formerly Twitter. He wrote: "This is unacceptable."
The proposed legislation would provide an additional $20 billion for hiring new border control officers, improving security infrastructure and would mean illegal immigrants can be removed from the country with little legal recourse if the number crossing exceeds an average of 5,000 a day, or 8,500 in a single day.
It also provides for an additional $60 billion in military aid to Ukraine along with defense assistance for Israel and Taiwan.
However, it immediately fell flat with Republicans in the House with Speaker Mike Johnson branding it "dead on arrival" as critics argue it does too little to stem the flow of migrants.
Senator Cruz also spoke out against the bill on Monday, commenting: "It is clear that there is no path for this bill to pass. The Speaker of the House has been unequivocal that the Senate bill is dead on arrival in the House. So I asked my colleagues why on Earth would they be pushing a bill that divides the Republican conference, that unites all the Senate Democrats and has zero chance of ever passing into law?"
Senate Majority Leader Chuck Schumer claimed the Senate Republican leadership had U-turned on legislation they were involved in drafting, commenting: "Leader McConnell and the Republican Conference did a 180-degree reversal. They're quaking at the knees in fear of Donald Trump."
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James Bickerton is a Newsweek U.S. News reporter based in London, U.K. His focus is covering U.S. politics and world ... Read more
