ACLU and Texas Civil Rights Group Challenge Senate Bill 4
AUSTIN — The American Civil Liberties Union of Texas and the Texas Civil Rights Project have initiated a class action lawsuit seeking a temporary restraining order and a preliminary injunction to block certain provisions of Senate Bill 4, scheduled to take effect on May 15. This legislation has been described as one of the most stringent anti-immigrant laws enacted by a state legislature in the United States.
Provisions Under Scrutiny
Senate Bill 4 would empower local and state law enforcement officials to arrest, detain, and remove individuals who are suspected of entering Texas from other countries without federal authorization. The lawsuit specifically targets four provisions of the bill:
- Reentry crimes affecting anyone residing in or traveling to Texas who reenters the U.S., even if they possess a federal reentry permit or have obtained legal immigration status, such as a green card.
- The delegation of authority to magistrates, often lacking in-depth knowledge of immigration law, allowing them to issue deportation orders.
- Criminalizing failure to comply with a magistrate’s eviction order.
- Mandating the continuation of prosecution in immigration cases even while they are still pending at the federal level.
Impact on Communities
Advocates have raised alarms about the potential consequences of this law, warning it could result in family separations, facilitate racial profiling, and send thousands of Black and brown Texans to state prisons, where civil rights violations are prevalent.
Legal Perspectives on the Legislation
“SB 4 effectively transforms police and judges into immigration agents, jeopardizing the lives of long-time residents and those with legal status,” stated Adriana Pignon, Legal Director at the ACLU of Texas. “Immigration enforcement is a federal responsibility, and no state has previously claimed the authority that Texas seeks to wield through this law. We are taking this issue back to court to safeguard Texas communities.”
Individual Plaintiffs’ Stories
The individual plaintiffs involved in the class action suit aim to represent thousands at risk of penalties under SB 4’s reentry provisions. One of the plaintiffs is a lawful permanent resident, while another has been granted a U visa, a crucial step toward citizenship after her experience as a crime victim who assisted law enforcement.
Previous Court Rulings and Ongoing Efforts
Cody Wofsy, deputy director of the ACLU’s Immigrant Rights Project, emphasized the broader judicial context: “Every court that has examined laws akin to SB 4 has ruled them unconstitutional. This legislation is both brutal and unlawful, and we are committed to the fight for its ultimate defeat.”
Legal Proceedings in Progress
The recent motion comes in the wake of a ruling by the U.S. Court of Appeals for the Fifth Circuit, which overturned a previous preliminary injunction related to Senate Bill 4. This new lawsuit addresses procedural concerns raised by the Fifth Circuit in its earlier examination of the law’s constitutionality.
Community Advocacy Continues
Kate Gibson Kumar, a staff attorney at the Texas Civil Rights Project’s Beyond Borders initiative, voiced ongoing commitment: “Our battle against SB 4 will persist until justice is achieved. This law not only breaches the Constitution but also misallocates Texas resources, harming communities statewide. We remain steadfast in our efforts to protect Texas residents from the detrimental impact of SB 4.”
The en banc Fifth Circuit opted not to address the central constitutional issue in this case: whether SB 4 violates the Supremacy Clause of the U.S. Constitution by undermining the federal government’s exclusive jurisdiction over immigration enforcement.
