(Austin, Texas)--The Immigrant Legal Resource Center (ILRC) is frustrated and outraged that due to the Fifth Circuit Court of Appeals’ failure to uphold our Constitution, parts of SB 4 (2023) will go into effect today, May 15, 2026. Late Thursday, a federal court blocked the state of Texas from enforcing certain provisions. However, the illegal entry provision, which was not being challenged, is in effect.
U.S. District Court Judge David Alan Ezra blocked the following provisions:
- The state’s unlawful reentry provision that would criminalize anyone living in or traveling through Texas who unlawfully reentered the United States.
- A magistrate judge’s authority to order a person deported under the state law.
- A magistrate judge’s authority to continue prosecution under the law when a person has a pending federal immigration case.
- The state’s provision that would criminalize failure to comply with a magistrate judge’s removal order.
Under the illegal entry provision, so-called peace officers can arrest and detain anyone they suspect has entered into Texas from Mexico without authorization. Giving Texas the power to implement this provision is not only an immoral failure of the Fifth Circuit, but will give rise to rampant due process violations. It also effectively turns every police officer in Texas into an arm of ICE.
SB 4 is an extension of the enforcement scheme that exists in Texas. The state has an unfortunate history of passing anti-immigrant laws and policies to target and harm communities of color. With the creation of draconian laws like SB 4 2017, the expansion of 287(g) agreements that deputize law enforcement to act as immigration agents, and the creation of Operation Lone Star (OLS), more of our communities are being deprived of their due process rights and separated from their loved ones. Although we are thankful key provisions of SB 4 have been blocked, allowing the illegal entry provision to take effect will mean even more individuals will be arrested, deported, and separated from their families.
However, despite the alarming increase in state and federal enforcement in Texas, Know Your Rights (KYR) information remains one of the best defenses to protect our communities against unconstitutional violations. In response to the expansion of enforcement in Texas, the ILRC has developed a travel advisory map that includes a KYR section that has been distributed throughout Texas. This resource educates communities on their rights if they are stopped by law enforcement and the map displays the Texas counties that have implemented anti-immigrant policies and legislation.
The ILRC will continue to examine the legal rulings in this case and provide analysis and guidance to communities throughout Texas.
To learn more about advocacy efforts and get involved, please visit https://all4texans.org/.