A coalition of civil rights groups, spearheaded by the Texas Civil Rights Project, the American Civil Liberties Union (ACLU), and the ACLU of Texas, has filed a new lawsuit seeking to block key provisions of a controversial Texas law. The law, set to take effect next week, would allow state police officers to arrest migrants suspected of crossing the U.S.-Mexico border illegally.
The legal challenge comes after a federal appeals court last week vacated a lower court’s injunction that had prevented the law’s enforcement since its passage. The appeals court ruled that the plaintiffs lacked standing to sue, clearing the path for the law’s implementation.
Challenging Texas SB 4
Senate Bill 4 (SB 4) establishes a state-level crime for illegal entry into Texas and grants state magistrates the authority to order the removal of individuals convicted under the law. This move challenges the long-standing precedent that immigration enforcement is exclusively a federal responsibility.
The civil rights groups argue that SB 4 is unconstitutional, asserting that federal immigration law preempts state legislation. They are specifically targeting four provisions within the bill: the creation of a state crime for re-entry, even for those with subsequent legal status; the authorization for state magistrates to issue deportation orders; the criminalization of non-compliance with these orders; and the mandate for magistrates to continue prosecutions regardless of pending federal immigration cases, such as asylum claims.
Concerns Over Constitutionality and Impact
“Our fight against S.B. 4 isn’t over until justice wins,” stated Kate Gibson Kumar, an attorney at the Texas Civil Rights Project. “S.B. 4 is not only unconstitutional, but a vile law that uses our Texas resources to harm communities across our state.”
Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, described SB 4 as “cruel and illegal,” expressing determination to see it permanently struck down. He noted that courts have historically found similar state laws unconstitutional.
Adriana Piñon, legal director at the ACLU of Texas, emphasized the potential negative impact on communities, stating, “S.B. 4 would transform our police and judges into immigration agents — threatening neighbors who have families here, who have lived here for years, even those who have legal status.” She reiterated that immigration enforcement falls solely under federal jurisdiction.
The law is currently scheduled to go into effect on May 15, pending further court action. This lawsuit is the latest in a series of legal challenges against SB 4, which was passed amidst a significant increase in migrant crossings at the southern border. The Biden administration had initially sought to block the law, though the Trump administration later withdrew the Department of Justice’s involvement in a related lawsuit.
