Civil Rights Groups Sue to Block Key Parts of Texas SB 4 Migrant Arrest Law

A coalition of civil rights groups filed a new lawsuit Monday seeking to halt parts of a Texas law that allows police officers to arrest migrants suspected of crossing into the U.S. across the U.S.-Mexico border illegally.

The law takes effect next week after a federal appeals court last week vacated a lower court ruling that had blocked enforcement since 2024. The appeals court found the plaintiffs lacked standing to sue.

Senate Bill 4 creates a state crime for entering the country illegally and lets state magistrates order certain convicted individuals to leave the country.

Courts have long held immigration enforcement as a federal responsibility, but Texas Republicans challenged that when they passed SB 4.

The Texas Civil Rights Project, American Civil Liberties Union and ACLU of Texas called the law unconstitutional. They said immigration falls exclusively under federal authority and federal law preempts the state measure.

The groups target four provisions: creating a crime for re-entering the country illegally even after gaining legal status like a green card; letting state magistrates issue deportation orders; making it a crime to ignore a magistrate's deportation order; and requiring magistrates to press charges even with a pending federal immigration case, such as an asylum claim.

"Our fight against SB 4 isn't over until justice wins," said Kate Gibson Kumar, an attorney at the Texas Civil Rights Project. "SB 4 is not only unconstitutional, but a vile law that uses our Texas resources to harm communities across our state. The Texas Civil Rights Project will keep fighting to protect Texas communities from the wrath of SB 4."

Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, called SB 4 "cruel and illegal." He said the groups will fight until it is permanently struck down. "Every court to have reached the merits of laws like SB 4 has found them to be unconstitutional," he added.

Texas Attorney General Ken Paxton's office did not immediately respond to a request for comment.

The law goes into effect May 15 unless another court intervenes.

"SB 4 would transform our police and judges into immigration agents — threatening neighbors who have families here, who have lived here for years, even those who have legal status," said Adriana Piñon, legal director at the ACLU of Texas. "Immigration enforcement is exclusively the federal government's arena, and no state has ever claimed the power Texas threatens to wield here. We are taking this back to court to defend our Texas communities."

Monday's suit marks the latest challenge to the Texas law, passed amid rising migrant crossings at the U.S.-Mexico border during the Biden administration.