Texas Civil rights groups file lawsuit against Senate Bill 4, set to go into effect next week

EL PASO, Texas (KVIA) -- Several Texas civil rights groups and nonprofits filed a new lawsuit Monday to stop Senate Bill 4, a law that would allow Texas state and local police to arrest people suspected of being in the country illegally.

According to the Texas American Civil Liberties Union of Texas, SB 4 is set to go into effect on May 15, which is next week.

ABC-7 reported last month that the Fifth Circuit Court of Appeals reversed a panel ruling that had affirmed a lower court's injunction against Texas SB 4.

The ACLU of Texas issued a news release stating that it seeks to prevent four different provisions of the law from taking effect:

• 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.

"S.B. 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 (she/her), 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.”

Senate Bill 4 was first sponsored by State Senator Charles Perry (R-Texas) back in 2023.

ABC-7 reached out to the office of State Sen. Perry and other cosponsors of the bill. Also to the offices of State Senators Paul Bettencourt (R-Texas), Donna Campbell (R-Texas), Pete Flores (R-Texas), and Kevin Sparks (R-Texas) for comment; only the office of State Sen. Pete Flores replied, saying they respectfully decline the interview for now.

"Every court to have reached the merits of laws like S.B. 4 has found them to be unconstitutional,” said Cody Wofsy (he/him), deputy director of the ACLU’s Immigrants’ Rights Project. “S.B. 4 is cruel and illegal, and we will keep fighting it until it is permanently struck down.”

The bill title was stated as follows:

"Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses."

Texas Attorney General Ken Paxton's office also issued a news release on April 24 saying he secured "a major victory" by defending Senate Bill 4 before the U.S. federal Court of Appeals for the Fifth Circuit.

Also saying, "SB 4 is a state law that protects Texans by creating state crimes that track federal immigration crimes to prohibit unlawful entry and reentry. This empowers state police to arrest illegals who have violated our nation’s immigration laws."

“My office has secured yet another major win for Texas by defending SB 4 before the Fifth Circuit,” said Attorney General Paxton. “Texas’s right to arrest illegals, protect our citizens, and enforce immigration law is fundamental. This is a major victory for public safety and law and order.” 

ABC-7 spoke with State Senator César J. Blanco (D-Texas), State Representative Vince Perez (D-Texas), and with an attorney representing the Texas ACLU.

El Paso County Sheriff Oscar Ugarte was unavailable for an interview about SB 4, but sent ABC-7 a written statement saying:

"The El Paso County Sheriff’s Office is aware of the recent ruling by the Fifth U.S. Circuit Court of Appeals regarding Texas Senate Bill 4 (SB4).

As with any new law, our office is carefully reviewing the ruling and working with the County Attorney’s Office to understand its scope and any operational impact on our office.

Our priority remains the safety of our community. At this time, we will continue focusing on our core public safety responsibilities, including responding to calls for service, addressing violent crime, and maintaining the safety and security of our detention facilities."

The Texas ACLU also mentions the Fifth Circuit Court of Appeals did not reach the constitutional questions of the case, "whether SB 4 violates the Supremacy Clause of the U.S. Constitution and unconstitutionally strips the federal government of its exclusive authority over immigration enforcement."

"Our fight against S.B. 4 isn’t over until justice wins” said Kate Gibson Kumar (she/her), Beyond Borders staff attorney at Texas Civil Rights Project. “S.B.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 S.B. 4.”