Civil rights groups have initiated legal action against a recently enacted Texas law, known as SB4, granting state officials expansive powers to arrest, prosecute, and deport individuals who illegally cross the US-Mexico border. Signed into law by Texas Governor Greg Abbott, the measure has escalated tensions between the state and the federal government regarding illegal entries.
The American Civil Liberties Union (ACLU) filed the lawsuit in the US District Court in Austin, Texas, representing Las Americas, the American Gateways advocacy group, and El Paso County. The legal challenge targets Texas officials responsible for enforcing SB4, set to come into effect on March 5, 2024.
The ACLU contends that SB4 may lead to racial profiling by police, expressing concerns about connections between some bill promoters and white supremacist groups. Advocacy groups involved in the lawsuit argue that the law will restrict the number of non-citizens their agencies can assist in seeking asylum and other immigration relief.
El Paso County, a plaintiff in the case, emphasized the substantial tax contributions made by the non-citizen immigrant community—approximately $591.8 million. The county anticipates economic strain due to the law’s enforcement and detention costs. During testimony before the Texas legislature, a state official estimated around 72,000 arrests per year under SB4.
The ACLU cites the 2012 case of Arizona v. US in support of its lawsuit, where the court struck down a similar Arizona law for violating the US Constitution’s Supremacy Clause. The Supremacy Clause establishes that federal law preempts state law in areas where Congress has reserved authority. Since the Immigration and Nationality Act (INA) comprehensively regulates US immigration, courts have deemed state efforts in this domain as Supremacy Clause violations.
The ACLU argues that Texas’s new law lacks legal defenses for individuals seeking asylum, humanitarian protection, or relief under the INA. Governor Abbott defended SB4 as a measure to “better protect Texans and Americans” from what he perceives as the consequences of the Biden administration’s border policies. He emphasized the state’s commitment to defending its sovereign authority through such legislation.