A coalition of civil rights groups filed a new lawsuit Monday seeking to end parts of a Texas law that allows police in the Lone Star State to arrest immigrants suspected of illegally crossing the U.S.-Mexico border into the United States.
The law is set to take effect next week, and a federal appeals court last week reversed a lower court ruling that had blocked its enforcement since 2024. In that ruling, the appeals court vacated an injunction blocking enforcement of the law, finding the plaintiffs lacked standing to sue.
Senate Bill 4 would make illegal entry a state crime and authorize state magistrates to order certain individuals to leave the country if convicted.
Courts have long maintained that immigration enforcement has historically been viewed as a federal responsibility, but Texas Republicans sought to challenge that precedent when they approved SB 4.
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Civil rights groups have filed a new lawsuit seeking to end parts of a Texas law that allows police to arrest immigrants suspected of entering the United States illegally.
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The Texas Civil Rights Project, the American Civil Liberties Union and the American Civil Liberties Union of Texas argue that the law is unconstitutional, noting that immigration law is solely the responsibility of the federal government and that federal law should preempt state law.
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The groups are trying to block four provisions of SB 4: making it a crime to illegally re-enter the country, even if the person has obtained legal status such as a green card; giving state magistrates the power to issue deportation orders; making it a crime to fail to comply with a magistrate’s deportation order; and requiring magistrates to continue prosecutions even if a person has an immigration case pending under federal law, such as an asylum application.
“Our fight against SB 4 is not over until justice prevails,” Kate Gibson Kumar, an attorney with the Texas Civil Rights Project, said in a statement. “SB 4 is not only unconstitutional, it is an evil law that uses our Texas resources to harm communities across our state. The Texas Civil Rights Project will continue to fight to protect Texas communities from the wrath of SB 4.”
Cody Wofsy, deputy director of the American Civil Liberties Union’s Immigrant Rights Project, called SB 4 “cruel and illegal,” adding that the groups “will continue to fight it until it is permanently overturned.”
The Texas Civil Rights Project, the American Civil Liberties Union and the American Civil Liberties Union of Texas believe the law is unconstitutional.
“Every court that has looked at the merits of laws like SB 4 has found them to be unconstitutional,” he said.
Texas Attorney General Ken Paxton’s office did not immediately respond to Fox News Digital’s request for comment.
The law is scheduled to take effect on May 15 unless other courts take action.
“SB 4 will turn our police and judges into immigration agents, threatening neighbors who have family here, have lived here for years, and even those with legal status,” said Adriana Piñon, legal director of the ACLU of Texas. “Immigration enforcement is entirely the responsibility of the federal government, and no state claims the authority that Texas threatens to exercise here. We will take this matter back to court to protect our Texas communities.”
Trump Justice Department drops Biden-era challenge to Texas border security law
Courts have long held that immigration enforcement is the sole responsibility of the federal government.
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Monday’s lawsuit is the latest legal challenge to a Texas law passed by state lawmakers amid an increase in migrants at the U.S.-Mexico border during the Biden administration.
Another lawsuit was led by some of the advocacy groups that filed the challenge Monday. The Biden administration also initially sought to halt the law in 2024, before the Trump administration ended the Justice Department’s involvement in the lawsuit last year as part of the president’s mass deportation agenda.
Original source of the article: Civil rights group files lawsuit seeking to block Texas law allowing police to arrest illegal immigrants
