HOUSTON – Senate Bill 4, signed by Gov. Greg Abbott in December, marked Texas’ recent effort to deter illegal immigrants from crossing the Texas-Mexico border, which was scheduled to take effect on March 5 but was temporarily blocked by a federal judge in Austin in February.
U.S. District Judge David Ezra issued the preliminary injunction that kept it from being enforced while the court battle continued playing out. Texas is being sued by the federal government and several immigration advocacy organizations.
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On Tuesday, the U.S. Supreme Court ruled SB 4 law can take effect while the legal battle over the new state law empowering local law enforcement plays out.
The decision comes a day after the high court had extended its temporary block of the law.
Justice Samuel Alito had issued the block as the high court considered an appeal from the Biden administration, which has argued Senate Bill 4 is unconstitutional because it interferes with federal immigration laws.
The legal case is far from over.
The case remains pending before in the U.S. 5th Circuit Court of Appeals. Eventually it has to be resolved in a federal court in Austin, where the lawsuits were originally filed.
What does this mean?
Under this law, crossing the border illegally would be categorized as a Class B misdemeanor, carrying a potential jail sentence of up to six months. For repeat offenders, the penalties escalate to a second-degree felony, with imprisonment ranging from two to 20 years.
Additionally, the law mandates state judges to order convicted migrants to be returned to Mexico, with local law enforcement tasked with their transportation to the border. However, charges may be dropped if a migrant agrees to voluntarily return to Mexico.
Another Senate Bill 4, which was passed early last year, would increase the minimum sentence from two years to 10 years for smuggling immigrants or operating a stash house. The human smuggling law went into effect in early February.
Texas legal battle with U.S. Justice Department
In 2023, the state Legislature approved SB 4, which put Texas on a legal collision course with the federal government over immigration enforcement.
On Jan. 3, the Justice Department filed a lawsuit against the State of Texas, contesting SB 4′s legality under the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause. These constitutional provisions grant the federal government authority over immigration regulation and management of international borders.
Associate Attorney General Vanita Gupta asserted, “SB 4 is clearly unconstitutional,” citing the Supremacy Clause and Supreme Court precedent, which prohibit states from enacting immigration laws that conflict with federal statutes. The Justice Department aims to declare SB 4 invalid and secure an injunction against its enforcement.
Principal Deputy Assistant Attorney General Brian M. Boynton emphasized that Texas must adhere to the framework established by Congress and the Constitution for immigration regulation. The complaint outlines SB 4′s creation of state crimes related to immigration, ranging from misdemeanors to felonies, and granting state judges power over removal from the United States. This overreach, reminiscent of the Supreme Court’s ruling in Arizona v. United States, impedes federal enforcement of immigration laws and interferes with foreign relations.
The lawsuit, filed on behalf of the United States, includes the Justice Department, the Department of Homeland Security, and the Department of State.
SB 4 advisory issued to community
After the passing of SB 4, the Immigration Legal Resource Center issued an advisory and developed a “travel advisory map.” The map shows which counties have implemented anti-immigrant policies and actions under Abbott’s Operation Lone Star.
“Unfortunately, Texas has become a state with a strong pro-incarceration and anti-immigrant stance. Immigrants and people of color face varying degrees of danger when they travel throughout the state,” said Senior Texas Strategist Carolina Canizales. “This map aims to educate all Texans and its visitors on the harms that have been put into place by local and state lawmakers who are embracing a statewide template of hate.”