A group of civil rights organizations on Monday filed a new lawsuit seeking to stop parts of the law that would let Texas police arrest people suspected of illegally crossing the U.S.-Mexico border.
The law can go into effect next week after a federal appeals court lifted a lower court ruling that had kept it paused for years.
Senate Bill 4, as the law is known, created a state-level crime for entering the country without authorization and created pathways for state authorities to remove such people from the country if convicted.
Courts have long held that immigration enforcement is the sole responsibility of the federal government, but with the state law, Texas Republicans sought to challenge that precedent.
The Texas Civil Rights Project, American Civil Liberties Union of Texas, and ACLU argue in Monday’s lawsuit the law is unconstitutional because immigration law is exclusively the federal government’s domain and should preempt the state law.
They are trying to stop four provisions of SB 4: the creation of a crime for re-entering the country without authorization, even if a person has since obtained legal status; granting state magistrates authority to order a person’s deportation; the creation of a crime for failing to comply with a magistrate’s order; and requiring that magistrates continue a prosecution even if a person has a pending immigration case such as an asylum claim.
“Our fight against SB 4 isn’t over until justice wins,” Kate Gibson Kumar, of the Texas Civil Rights Project, said in a statement. “SB 4 is not only unconstitutional, but a vile law that uses our Texas resources to harm communities across our state.”
Attorney General Ken Paxton ’s office did not immediately respond to a request for comment.
The lawsuit is the latest effort to stop the 2023 law, passed by the Legislature in response to record border crossings that GOP state leaders argued amounted to an invasion.
The Biden administration was among the plaintiffs to initially challenge the law in 2024, but the Trump administration last year terminated the Department of Justice’s participation in the lawsuit amid his immigration crackdown.
That lawsuit continued until two weeks ago, when a federal appeals court lifted an injunction that had stopped the law when it ruled that the plaintiffs did not have standing to sue.
The law can go into effect May 15 unless it’s halted by another court.
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This story was originally published by The Texas Tribune and distributed through a partnership with The Associated Press.
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