A coalition of civil rights groups has filed a lawsuit to prevent parts of Texas’ new law from taking effect, arguing it is unconstitutional. The law, set to start next week, would allow police officers to arrest migrants suspected of crossing the U.S.-Mexico border illegally, according to court documents.
The law, known as Senate Bill 4, was enacted after a federal appeals court last week vacated a lower court’s injunction that had blocked its enforcement since 2024. The appeals court found the plaintiffs lacked standing to sue and permitted the law to proceed. SB 4 establishes a crime for re-entering the country illegally and authorizes state magistrates to order deportations.
Opponents, including the Texas Civil Rights Project and the ACLU of Texas, argue that immigration enforcement remains a federal responsibility and that the law conflicts with federal law. They are seeking to block four provisions of SB 4, including the creation of new crimes related to immigration and the authority given to state officials to issue deportation orders.
“Our fight against SB 4 isn’t over until justice wins,” said Kate Gibson Kumar, an attorney with the Texas Civil Rights Project. “SB 4 is not only unconstitutional, but a vile law that harms communities across our state.”
Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, called the law “cruel and illegal,” adding that the groups will continue to challenge it until it is struck down permanently. Texas Attorney General Ken Paxton’s office did not immediately respond to requests for comment. The law is scheduled to go into effect May 15 unless halted by another court.
Adriana Piñon, legal director at the ACLU of Texas, warned that the law could turn police and judges into immigration agents, threatening communities with residents who have legal status or asylum claims. “Immigration enforcement is exclusively the federal government’s arena,” she said. “No state has ever claimed this power, and we are taking this back to court to protect Texas communities.”
This lawsuit is the latest legal challenge to SB 4, which was passed amid rising migrant crossings at the border during the Biden administration. The Biden Justice Department initially sought to block the law in 2024, but last year, the department dropped its involvement in the case as part of broader immigration enforcement policies.
Jon Ross Myers is the executive editor and publisher of the Mississippi News Network, Mississippi's largest digital only media company. He can be reached at editor@tippahnews.com
