Court Blocks Key Provisions of S.B. 4, Texas’ Extreme Anti-Immigration Law

CONTACT:
Kristi Gross, ACLU of Texas, [email protected]
Inga Sarda-Sorensen, ACLU, [email protected]
Stephanie Drenka, Texas Civil Rights Project, [email protected]

AUSTIN, Texas — The United States District Court for the Western District of Texas granted provisional class certification and a motion for preliminary injunction Thursday blocking four key provisions of Texas Senate Bill 4 (88-4).

In his order, the judge states that “S.B. 4 could open the door to each state passing its own version of immigration laws. The effect would moot the uniform regulation of immigration throughout the country and force the federal government to navigate a patchwork of inconsistent regulations.”

The 2023 law is one of the most extreme anti-immigrant laws ever passed by any state legislature in the country. The American Civil Liberties Union of Texas, ACLU, and the Texas Civil Rights Project filed the class-action lawsuit on May 4. The following provisions remain blocked:

• The reentry crime that would apply to anyone living in or traveling through Texas who reentered the United States — even if the person had federal permission to reenter or has since obtained lawful immigration status such as a green card.
• The power given to magistrates — who don’t know the intricacies of immigration law — to issue deportation orders.
• The crime of failing to comply with the magistrate’s removal orders.
• The requirement that magistrates continue a prosecution even when a person has a pending immigration case under federal law.

The illegal entry provision will go into effect May 15. While not a formal part of this suit, the provision suffers from the same constitutional problems as the rest of the law.

The following is a joint statement from legal counsel:

“The court's decision reaffirms what every court that has reviewed the merits of S.B. 4 and laws like it has held: Immigration enforcement is exclusively a federal issue and not up to the states. S.B. 4 would instill fear in our communities, cause widespread racial profiling, and subject lawfully present immigrants to arrest, detention, and deportation. Texas cannot override the U.S. Constitution and should stop wasting time attempting to do so.”

The individual plaintiffs in the class action lawsuit now represent thousands of people across the state who may be criminally prosecuted for violating the reentry provision of S.B. 4. One plaintiff is a lawful permanent resident. A second plaintiff was provisionally approved for a lawful U Visa, a step on the path toward citizenship, which she was found eligible for after becoming the victim of a crime and helping law enforcement resolve the case.

The district court ruling comes shortly after the en banc 5th Circuit Court of Appeals vacated a preliminary injunction in Las Americas Immigrant Advocacy Center et al v. Steven C. McCraw et al solely on the grounds that plaintiffs El Paso County, Las Americas Immigrant Advocacy Center, and American Gateways lacked standing — reversing its own three-judge panel decision from July 2025, which had found standing and held S.B. 4 to be preempted by federal law. This new lawsuit addresses the 5th Circuit's procedural concerns.

Access the court order here: https://www.aclutx.org/app/uploads/2026/05/ORDER-MOOTING-30-Motion-to-Continue-GRANTING-3-Motion-for-Preliminary-Injunction-DENYING-47-05-14-2026.pdf