The ACLU of Texas and the Texas Civil Rights Project have jointly requested a federal judge in Austin to halt the implementation of a new law criminalizing unauthorized entry into Texas. This request for an injunction follows the filing of a lawsuit challenging the constitutionality of Senate Bill 4 (SB4), signed into law by Governor Greg Abbott last month.
Scheduled to become effective on March 5, SB4 grants local and state law enforcement the authority to arrest and detain individuals suspected of entering Texas without authorization. The law proposes a Class B misdemeanor for first offenders, while those with multiple violations could face a second-degree felony charge, carrying a potential 20-year prison sentence. Additionally, the law permits local or magistrate judges to order deportation to Mexico, a move criticized for lacking trained immigration law expertise and potentially infringing on due process rights.
In a statement, Adriana Piñon, the legal director of ACLU of Texas, expressed concerns about the potential impact of the law on communities, stating, “Families may be separated, more people may live in fear of law enforcement, and migrants may have a harder time fully integrating in our communities.” Piñon emphasized the unconstitutional nature of the law and the urgency to halt its enforcement pending litigation.
Other organizations involved in the legal challenge include Las Americas Immigrant Advocacy Center, American Gateways, and El Paso County. Edna Yang, co-executive director of American Gateways in Austin, labeled the law as discriminatory, unconstitutional, and asserted that it would compromise community safety.
Governor Greg Abbott has defended SB4, arguing that the federal government’s efforts to protect the border have been insufficient. However, critics argue that the law is already causing fear and confusion, with reports of aggressive actions by law enforcement in border areas. Robert Heyman, strategic advisor with Las Americas Immigrant Advocacy Center in El Paso, highlighted concerns about the law’s impact on individuals simply trying to live their lives.
Beyond civil rights groups, the Department of Justice filed a lawsuit earlier this month against Texas, alleging a violation of the U.S. Constitution’s grant of authority to the federal government to regulate immigration and manage international borders. Immigrant advocates statewide have been conducting “know your rights” workshops to educate the public on handling encounters with law enforcement.