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.

If it is not blocked by the courts, it will go into effect on March 5, 2024.

Date filed

December 19, 2023


United States District Court for the Western District of Texas Austin Division



Case number

Case 1:23-cv-01537