Federal Court Blocks Key Provisions of Texas Senate Bill 4
AUSTIN, Texas — The United States District Court for the Western District of Texas has granted a motion for preliminary class certification, alongside a preliminary injunction that temporarily halts four significant provisions of Texas Senate Bill 4 (SB 4). This ruling could reshape immigration policy enforcement within the state.
The judge emphasized the potential ramifications of SB 4, stating that it could enable states to enact their own immigration laws, undermining uniform federal regulations and complicating the federal government’s approach to immigration across various states.
Senate Bill 4 is considered one of the most stringent anti-immigration laws ever enacted at the state level in the United States. A class action lawsuit was filed on May 4 by the American Civil Liberties Union of Texas, the ACLU, and the Texas Civil Rights Project, challenging the law’s constitutionality. The provisions currently blocked include:
1. Criminal reentry charges apply to anyone who resides in or travels to Texas and reenters the United States, irrespective of possessing a federal reentry permit or having attained legal immigration status such as a green card.
2. Magistrates lacking expertise in immigration law are empowered to issue deportation orders.
3. Criminal penalties for failure to comply with a magistrate’s eviction order.
4. A mandate requiring judges to continue prosecuting an immigration case while it is pending under federal law.
The court specified that the provision regarding illegal entry will take effect on May 15. Although this provision is not formally included in the ongoing case, it raises significant constitutional concerns similar to the other components of SB 4.
In a joint statement, the plaintiffs’ attorneys reinforced the court’s ruling, noting that it aligns with previous judicial determinations regarding SB 4 and similar laws. They highlighted that immigration enforcement falls under federal jurisdiction, asserting that SB 4 fosters fear in communities, promotes racial profiling, and subjects lawful immigrants to risks of arrest and deportation. Therefore, Texas cannot supersede federal constitutional protections.
The individual plaintiffs in this class action represent thousands of Texans who could potentially face criminal charges under SB 4’s reentry provisions. Among them is a lawful permanent resident, while another plaintiff, a victim of a crime, has received provisional approval for a legal U visa, thus taking her step toward citizenship.
This ruling follows a recent Fifth Circuit Court of Appeals decision, which revoked a preliminary injunction in the case of Las Americas Immigrant Advocacy Center, et al. v. Stephen C. McCraw, et al. The court determined that the plaintiffs, including El Paso County and the Las Americas Immigration Advocacy Center, lacked standing, reversing a prior decision made by a three-judge panel in July. Established in 2025, SB 4 was previously deemed preemptive by federal law. This new ruling seeks to resolve procedural issues raised by the Fifth Circuit.
The court order is available for review online.
