WACO, Texas (KWTX) – Texas Senate Bill 4 (SB 4) gives state authorities the power to arrest immigrants who, under the measure, are suspected of crossing from Mexico into Texas, and it opens the door for them to later be removed from the United States.
SB 4, pushed by the state of Texas and introduced in 2023, “basically gave state officers the authority to arrest immigrants who crossed from Mexico into Texas and then be removed from the United States,” an Laura Leon, immigration attorney said.
She said that during President Joe Biden’s administration — and amid lawsuits filed by pro-immigrant organizations — the measure was not enforced because it faced legal hurdles.
However, she added that Texas or the 5th U.S. Circuit Court of Appeals has now determined that the plaintiffs who sued over the law “did not have the authority” to bring the case. As a result, the lawsuit was dismissed and the law was again considered valid in Texas.
The attorney said the people most vulnerable in this situation are those living along the border, and she stressed the importance of keeping families informed and having a plan in case of detention.
“What we know is that this law creates a misdemeanor; it’s not a felony. It’s like crossing from one country into a state,” she said. “So what this law basically does is create a type of criminal act that would be on an immigrant’s criminal record.”
The attorney noted that regardless of immigration status, people have rights in the United States and she urged them to exercise those rights if they are detained.
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