Texas’ Migrant Arrest Law Under Fire: What the Ongoing SB 4 Legal Battle Means for Immigrants and Law Enforcement

As an immigration attorney based in Houston, I’ve seen firsthand how rapidly shifting laws in Texas can leave families uncertain, communities fearful, and law enforcement caught between conflicting duties. One of the most pressing examples today is the ongoing federal court fight over Texas Senate Bill 4 (SB 4)—a law that, if implemented, would give local and state police sweeping power to arrest and detain individuals suspected of entering the country illegally.

While this law was signed by Governor Greg Abbott in late 2023 as part of the state’s border security push, its enforcement has been blocked by federal courts multiple times—and for good reason. The debate around SB 4 reaches far beyond Texas: it raises constitutional questions about state versus federal authority over immigration, and it could set a national precedent affecting every immigrant community in America.

Legislation being battled in court

What Is Senate Bill 4 (SB 4)?

SB 4 was designed to make “illegal entry” a state-level crime. It authorizes Texas police officers to arrest anyone suspected of crossing into Texas without authorization and allows state judges to order deportations—functions traditionally reserved for federal immigration authorities.

Supporters of the bill argue that Texas is simply filling a void left by the federal government in securing the border. However, critics—including immigrant rights advocates, legal scholars, and federal officials—say SB 4 violates the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence in immigration matters.

The American Civil Liberties Union of Texas and other advocacy groups immediately filed suit, calling the law “one of the most extreme and unconstitutional anti-immigrant laws in modern history.” (ACLU Texas Press Release)

The Legal Tug-of-War

In early 2024, a federal judge temporarily blocked SB 4, citing that it undermines federal authority and poses a risk of racial profiling and wrongful arrests. Later that year, a divided panel of the Fifth Circuit Court of Appeals briefly allowed the law to take effect before quickly reinstating the injunction, leaving enforcement in legal limbo.

Now, the full Fifth Circuit Court has taken the rare step of agreeing to rehear the case—signaling just how significant this decision will be for Texas and for immigration enforcement nationwide.

You can read coverage of the ongoing appeals process via AP News and The Texas Tribune.

The Human Impact: Fear, Confusion, and Distrust

Beyond the political debate, the human consequences of SB 4 are profound. In communities across Texas—from the Rio Grande Valley to Houston—immigrants already live with heightened anxiety.

If SB 4 were implemented, routine interactions with police—like traffic stops or emergency calls—could suddenly turn into immigration investigations. Even individuals with lawful status, such as visa holders or permanent residents, could face harassment or wrongful detention due to misidentification or profiling.

Community organizations warn that SB 4 would erode trust between law enforcement and immigrant neighborhoods, making people less likely to report crimes or cooperate with investigations.

This chilling effect has already been documented in previous enforcement experiments, like Arizona’s controversial SB 1070, which the U.S. Supreme Court largely struck down in 2012 for similar reasons.

The Constitutional Conflict: Who Controls Immigration?

Immigration enforcement has long been recognized as a federal responsibility under laws such as the Immigration and Nationality Act (INA). When states like Texas attempt to enact their own immigration systems, it leads to legal inconsistency and potential civil rights violations.

Federal courts have repeatedly reaffirmed that local police cannot detain people based solely on immigration status without federal direction or probable cause. SB 4 challenges that principle by granting local officers unilateral power—essentially turning them into immigration agents without training or federal oversight.

If upheld, SB 4 could encourage other states to pass similar laws, resulting in a patchwork of conflicting immigration rules across the country.

For immigration attorneys and advocacy organizations, this represents not just a legal crisis but a constitutional one.

Potential Impacts on Immigrants and Future Policy

Here’s what immigrants and their families in Texas should understand about the possible outcomes of this case:

• If SB 4 is struck down permanently: Texas will remain bound to federal immigration procedures, and local law enforcement cannot act independently.

• If SB 4 is upheld: Immigrants could face increased arrests, deportation orders from state courts, and additional barriers to due process.

• If the case reaches the U.S. Supreme Court: It could reshape how immigration enforcement is handled nationwide—potentially redefining the limits of federal versus state authority.

As these legal battles play out, it’s crucial that immigrant communities stay informed and connected with qualified legal counsel. Changes in law can occur rapidly, and knowing your rights can make all the difference when facing enforcement actions.

Ruben Restrepo’s Perspective: Law, Humanity, and Responsibility

At Restrepo Law, we stand by a simple principle: Immigration law should be guided by justice, not politics. Laws like SB 4 risk undermining that principle by allowing suspicion to replace evidence, and fear to replace fairness.

Whether through the courts or community advocacy, it’s vital that we continue to challenge measures that compromise due process and human dignity. Texas has a rich immigrant history—our communities deserve policies that reflect that legacy, not reject it.

Stay Informed and Protect Your Rights

For those living in Texas who may be affected by SB 4 or other immigration enforcement efforts, remember:

• You have the right to remain silent.

• You do not have to open your door unless officers present a warrant signed by a judge.

• You have the right to speak with an attorney before answering any questions about your immigration status.

You can find additional resources through the National Immigration Law Center and the ACLU of Texas.

Final Thoughts

The future of SB 4 will shape not only Texas’s immigration landscape but also the direction of immigration law across the United States. As this case proceeds through federal courts, it’s critical for the public—and especially for immigrants—to understand what’s at stake.

This is more than a policy debate; it’s about defining who we are as a state and a nation. Texas can be both secure and just—but only if our laws honor the Constitution and the dignity of all people who call this place home.