The ACLU of Texas, the ACLU, and the Texas Civil Rights Project (TCRP) are challenging Texas’ extreme anti-immigrant legislation, Senate Bill 4.
The lawsuit states that S.B. 4 is unconstitutional, arguing that the law is preempted by federal law.
The plaintiffs challenging the law are Las Americas Immigrant Advocacy Center, American Gateways, and the County of El Paso, Texas.
S.B. 4 would permit local and state law enforcement to arrest and detain people they suspect to have entered Texas from another country without federal authorization. It also will authorize Texas judges — who are not trained in immigration law and have no proper authority to enforce it — to order a person’s deportation without due process and before they have an opportunity to seek humanitarian protection.
Senate Bill 4 was set to go into effect on March 5, 2024, but it was blocked by a district court order on February 29, 2024.
The Fifth Circuit Court of Appeals declined Texas's request to reimpose the law while litigation proceeds.
In June 2025, the Fifth Circuit upheld the district court’s preliminary injunction, finding that Senate Bill 4 is likely preempted by federal law and unconstitutional. Enforcement of the law remains blocked while litigation continues. Texas may seek further review.
