Federal Court Blocks Key Provisions of Controversial Texas Immigration Law
AUSTIN – A federal judge has issued a ruling that halts four crucial provisions of Texas Senate Bill 4, a 2023 immigration law that civil rights advocates label as one of the most stringent anti-immigrant measures enacted in any state.
On Thursday, the American Civil Liberties Union (ACLU) of Texas announced that the U.S. District Court for the Western District of Texas granted its motion for preliminary class certification and issued a preliminary injunction, preventing certain sections of SB 4 (88-4) from being implemented.
The court noted that SB 4 could enable states to enforce their own immigration laws. This would create a fragmented system of immigration regulation across the country, forcing the federal government to navigate inconsistent laws, the judge indicated in the ruling.
The ACLU of Texas, alongside the national ACLU and the Texas Civil Rights Project, filed a class action lawsuit on May 4 to challenge these provisions.
According to their announcement, the injunction specifically targets several problematic measures: the criminalization of reentry into the United States for any Texas resident or traveler—regardless of federal permission or legal immigration status; granting magistrates the authority to issue deportation orders; penalizing individuals who disregard a magistrate’s order to leave; and mandating that magistrate judges continue prosecutions even when there is an ongoing federal immigration case.
The ACLU noted that while the provisions related to illegal entry are still set to take effect on May 15, this aspect was not formally included in the lawsuit. Nonetheless, it shares similar constitutional concerns as the provisions currently under injunction.
The attorneys representing the plaintiffs stated, “This court decision reinforces a consistent legal principle: immigration enforcement is a responsibility reserved for the federal government, not the states.” They argued that SB 4 would instill fear within communities, foster racial profiling, and place lawful immigrants at risk of arrest, detention, and deportation.
Among the individual plaintiffs in this class action are individuals representing thousands of Texans who could be prosecuted under the reentry provisions of SB 4. One plaintiff is a lawful permanent resident, while another has received tentative approval for a U visa after assisting law enforcement in resolving a crime he was a victim of—a crucial step toward citizenship.
The district court’s ruling comes in the wake of an en banc decision by the Fifth Circuit Court of Appeals in the case of Las Americas Immigration Advocacy Center et al. v. Stephen C. McCraw et al. The ACLU explained that the appellate court previously vacated a preliminary injunction solely due to procedural standing issues with the plaintiffs, overturning an earlier ruling by a three-judge panel that had established federal preemption of SB 4.
