Texas state Rep. Ana Hernandez expressed her opposition to SB 4 on social media, stating her belief that the bill is unconstitutional. According to the text of the bill, SB 4 would criminalize illegal entry into Texas.
"SB 4, an unconstitutional law that authorizes any peace officer in TX to engage in federal immigration enforcement, is set to take effect on March 5th," said Rep. Ana Hernandez, Texas state representative, District 143, according to X.
The bill's full text describes SB 4 as "AN ACT 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."
A press release from Gov. Greg Abbott's office in December 2023 provides further details about SB 4. The governor signed the bill as an attempt to deter repeat offenders from crossing the border illegally. Offenders could face up to 20 years imprisonment or risk deportation. Additionally, the bill grants civil immunity and indemnification to state and local officials, employees, and contractors regarding lawsuits arising from enforcement actions related to this law. Abbott stated that "These laws will help stop the tidal wave of illegal entry into Texas, add additional funding to build more border wall, and crackdown on human smuggling."
According to CBS News, while SB 4 is set to take effect on March 5, it will face political scrutiny from civil rights groups such as the American Civil Liberties Union (ACLU). The ACLU has filed a lawsuit against the bill arguing that it usurps control over immigration from the federal government and deprives people subject to that system of all federal rights and due process provided by Congress. This includes rights to contest removal and seek asylum.
Christopher Hajec, director of litigation at the Immigration Reform Law Institute (IRLI), testified before the House Judiciary Subcommittee on Constitution and Limited Government concerning Texas' ability to defend itself through bills like SB 4. In his testimony, Hajec said that despite the Supremacy Clause establishing federal law as supreme and potentially preempting state measures, the current preemption situation is not dire for states. He attributed this to the nature of their objectives and the contrasting stance of the Biden Administration. Hajec stated that the administration's enforcement policies run counter to the operational control objective of federal immigration law, which aims for "zero illegal entries."
Hernandez represents District 143 in Texas. She was elected in a special election in December 2005. Born in Reynosa, Mexico, Hernandez was raised in Pasadena, Texas.
