Texas Senate Bill 4 Declared Unconstitutional: What the Appeals Court Ruling Means for Immigrant Rights

The Fifth Circuit Court of Appeals has ruled that Texas Senate Bill 4 (SB 4)—a law granting state and local officers broad authority to arrest migrants suspected of unlawful entry—is unconstitutional. This decision marks a critical moment for immigration law in Texas and reaffirms a fundamental legal principle: immigration enforcement is a federal responsibility, not a state one.

As an immigration attorney in Houston, I see firsthand how policies like SB 4 sow fear and confusion in immigrant communities. Today’s ruling is a victory not only for the Constitution but also for the families who call Texas home.

Senate Bill 4 Declared Unconstitutional

What Was Texas Senate Bill 4?

SB 4 was signed into law in late 2023 as part of Governor Greg Abbott’s broader initiative, Operation Lone Star. The law empowered state police and local law enforcement officers to:

• Arrest individuals suspected of entering Texas illegally.

• Prosecute unlawful entry as a state crime, with penalties ranging from a misdemeanor for first offenses to felony charges for repeat violations.

• Authorize state judges to issue removal orders, effectively bypassing federal immigration courts.

Supporters argued it was necessary to “secure the border.” Opponents warned it would lead to racial profiling, wrongful arrests, and an erosion of due process protections.

Why the Court Struck Down SB 4

The Fifth Circuit ruled SB 4 unconstitutional on the grounds of federal preemption. Under the Supremacy Clause of the U.S. Constitution, immigration law falls under the exclusive authority of the federal government. States cannot create their own parallel immigration systems.

The court emphasized:

• Uniformity is essential. Allowing Texas (or any state) to enforce its own immigration laws would create a patchwork of inconsistent rules across the nation (Texas Tribune).

• Civil rights protections are at risk. Laws like SB 4 invite racial profiling, where individuals may be stopped or detained based solely on appearance, language, or perceived immigration status (ACLU Texas).

• Federal immigration courts must retain authority. By permitting state judges to order removals, SB 4 undermined the due process framework of federal immigration proceedings.

This decision mirrors prior rulings in cases such as Arizona v. United States (2012), where the Supreme Court struck down similar state-level immigration enforcement laws.

How This Ruling Impacts Texas Immigrants

For immigrants and their families, the overturning of SB 4 provides significant relief:

• Reduced fear of local police. Immigrant families can feel safer reporting crimes or seeking assistance without fearing an immigration arrest from state authorities.

• Preservation of due process. Immigration cases will remain in the hands of federal courts, where established legal protections apply.

• Stability in communities. Many mixed-status families in Houston, Dallas, and across Texas faced the risk of sudden disruption under SB 4. This ruling restores a measure of stability.

As someone who represents immigrants daily, I know that even the threat of enforcement can have a chilling effect. Families avoid hospitals, schools, and even places of worship when they fear deportation. By striking down SB 4, the court reaffirmed that the rule of law must not come at the cost of basic human dignity.

The Bigger Picture: Texas, Federal Power, and Immigration

The SB 4 ruling highlights the ongoing tug-of-war between states and the federal government over immigration policy.

• Texas’s position: Governor Abbott and state leaders argue that Washington has failed to secure the border, leaving Texas to bear the brunt of unlawful crossings (AP News).

• The federal government’s stance: Immigration enforcement must remain uniform nationwide to ensure constitutional protections and consistency.

While states can collaborate with federal authorities, they cannot create independent immigration enforcement regimes. The appeals court decision reinforces this boundary.

What Comes Next for SB 4?

Although SB 4 has been struck down, the battle is far from over:

• Possible Supreme Court review. Texas leaders have already signaled that they will appeal. If the Supreme Court takes the case, the ruling could set a nationwide precedent on state involvement in immigration enforcement.

• Continued political debates. Immigration remains one of the most polarizing issues in Texas and across the U.S. Expect new legislative efforts at the state level.

• Heightened need for immigrant awareness. Regardless of this ruling, immigrants must remain informed about their rights and seek reliable legal guidance.

What This Means for You and Your Family

If you are an immigrant or part of a mixed-status family in Texas, here are a few key takeaways:

1. Local police cannot enforce immigration law under SB 4. Your rights remain protected under federal law.

2. Due process is preserved. Immigration cases must proceed through federal immigration courts, not state judges.

3. Stay informed. Political and legal developments can change rapidly. Consulting an experienced immigration attorney ensures that you and your family remain protected.

Final Thoughts

The Fifth Circuit’s decision to strike down Texas Senate Bill 4 is a reminder that the Constitution still protects fairness, uniformity, and due process. For immigrants in Texas, this is more than a legal victory—it is a reaffirmation of dignity and humanity.

As your advocate in Houston, I remain committed to guiding clients through these shifting legal landscapes. Immigration law is complex, but one principle remains clear: no state can strip away the fundamental rights guaranteed by the U.S. Constitution.