AUSTIN, Texas — Civil rights organizations filed a lawsuit Monday seeking to block portions of a Texas law that would criminalize illegal border crossing under state authority, after a federal appeals court lifted an earlier injunction that had paused enforcement.
The American Civil Liberties Union, the ACLU of Texas, and the Texas Civil Rights Project asked a court to block several provisions of Senate Bill 4, which is scheduled to take effect May 15 unless another court intervenes.
The lawsuit challenges provisions that would allow state magistrates to issue deportation orders, require continued prosecution even when federal immigration cases are pending, criminalize failure to comply with magistrate-issued immigration orders, and create a state offense for reentering the United States that could apply regardless of a person’s current federal immigration status.
The groups argue the law is unconstitutional because immigration enforcement falls under federal jurisdiction and cannot be regulated by states.
The ACLU of Texas said the law would expand the role of local police and courts in immigration enforcement and conflict with federal authority.
Senate Bill 4, passed in 2023, makes it a state crime to enter Texas from outside an official port of entry and allows state authorities to arrest individuals and state judges to order removal from the country.
The Fifth U.S. Circuit Court of Appeals recently lifted a lower court order that had blocked the law, allowing it to move toward implementation while legal challenges continue.
The law is set to take effect May 15 unless a court issues a new injunction.
