The American Civil Liberties Union (ACLU) of Texas has announced that it is filing a lawsuit to challenge Senate Bill 4 (SB-4), following its signing into law by Governor Greg Abbott, a Republican from Texas. SB-4 permits local and state law enforcement officials in Texas to detain anyone they suspect of illegally entering the state.
As per the bill analysis on Texas Legislature Online, SB-4 aims to prohibit illegal entry into or presence in Texas by individuals who are not citizens of the United States. The bill establishes a criminal offense for illegal entry and empowers local and state law enforcement to enforce this new law.
The development of SB-4 was spearheaded by State Senator Charles Perry, a Republican from Texas, in the Texas Senate and by State Representatives David Spiller, Cole Hefner, Keith Bell, Todd Hunter, and Charlie Geren, all Republicans from Texas, in the Texas House. The bill received its final passage in the House on November 27 and was signed into law by Governor Abbott on December 18.
Following its passage, Greg Sindelar, CEO of the Texas Public Policy Foundation, stated in comments reported by the Lone Star Standard that "by passing Senate Bill 4, the Texas Legislature provides additional tools to deter illegal entry into the state, protecting Texans from criminal Mexican cartels' activities such as drug smuggling and discouraging cartels from furthering human trafficking in Texas."
Adriana Pinon, Legal Director of the ACLU of Texas had previously commented on SB-4's passage saying that "our immigration system is broken and SB-4 will only make it worse; further oppressing people and driving them into the shadows. If enacted it will unconstitutionally grant state law enforcement the authority to deport people without due process leading to increased racial profiling of Black and Brown communities throughout the state."
In a press release issued after Governor Abbott signed the legislation on Monday, Pinon said, "We're suing to block one of the most extreme anti-immigrant bills in the country. The bill overrides the bedrock constitutional principles and flouts federal immigration law while harming Texans, in particular Brown and Black communities."
The release also indicated that if the lawsuit proves unsuccessful and the legislation is not blocked by the courts, SB-4 will come into effect on March 5, 2024.
