Lawsuit Filed Against Texas Law Regarding Immigrant Arrests
A coalition of civil rights organizations announced on Monday that they are filing a lawsuit aimed at blocking a part of a Texas law permitting police to arrest immigrants suspected of illegally crossing the U.S.-Mexico border.
This law is set to take effect next week after a federal appeals court lifted a previous ruling that had halted its implementation since 2024. The appellate court decided the plaintiffs did not have standing to challenge the law, effectively revoking the injunction.
Senate Bill 4 established a state-level crime for illegal entry, allowing state judges to deport individuals if they are convicted.
Traditionally, immigration enforcement is seen as a federal responsibility, but Texas Republicans are trying to shift that precedent with SB4.
The Texas Civil Rights Project, alongside the American Civil Liberties Union and the ACLU of Texas, argues that this new law is unconstitutional, emphasizing that immigration laws should fall under federal jurisdiction, not state.
The lawsuit targets four specific provisions of SB4: it criminalizes illegal reentry even for those who have some legal status, empowers judges to issue deportation orders, creates penalties for not adhering to such orders, and mandates that state magistrate judges continue processing cases even while federal asylum claims are pending.
“Our fight against SB4 isn’t over until justice prevails,” stated Kate Gibson Kumar from the Texas Civil Rights Project. She condemned SB4 as a harmful law that exploits state resources against communities. The project plans to persist in safeguarding Texas communities from what they see as the negative impacts of this legislation.
Cody Wofsy, from the ACLU’s Immigrant Rights Project, echoed this sentiment, calling SB4 “cruel and illegal,” vowing to continue their efforts until the law is completely overturned.
“Every court that has examined laws like SB4 has ruled them unconstitutional,” he claimed.
The Texas Attorney General’s office did not respond immediately to inquiries regarding this lawsuit.
Scheduled for activation on May 15, the law could still face further legal challenges.
“SB4 would effectively convert police and judges into immigration enforcement agents, endangering neighbors who have been here for years or even those with legal status,” remarked Adriana Pignon, the legal director of the ACLU of Texas. She reiterated that immigration enforcement is primarily a federal matter, stating no state has ever assumed the authority Texas is trying to claim. The advocacy groups involved intend to return to court to protect local communities.
This lawsuit reflects the ongoing legal battles surrounding Texas laws passed amid surging migrant numbers at the U.S.-Mexico border during the Biden administration. Previously, the Biden administration had aimed to halt the law in 2024, but the Trump administration withdrew from the case last year as part of broader deportation efforts.
