Rejection of S.B. 4 prompts response from immigration advocacy groups

HARLINGEN, Texas (ValleyCentral) — A federal judge has granted a motion to block Senate Bill 4 (88-4) and many are pleased with this decision.

This rejected bill would permit local and state law enforcement to arrest, detain and remove people they suspect to have entered Texas from another country without federal authorization.

As reported by the Associated Press, migrants who do not leave after being ordered to do so could be arrested again and charged with a more serious felony.

Texas has been arresting migrants for years under a more limited program based on arrests for criminal trespassing.

The preliminary injunction was granted by U.S. District Judge David Ezra and puts a hold on the law that was set to take effect March 5, 2024. The judge's ruling was immediately appealed by the state attorney general’s office, according to the AP.

A lawsuit was filed in December 2023 by the American Civil Liberties Union and the Texas Civil Rights Project on behalf of El Paso County, American Gateways and Las Americas Immigrant Advocacy Center, according to a release.

The lawsuit argues that the bill violates the supremacy clause of the U.S. Constitution and is preempted by federal law, as Texas judges would be required to order a person's deportation regardless of whether a person is eligible to seek asylum or other humanitarian protections under federal law.

Advocates from Las Americas warned that the law will separate families and directly lead to racial profiling, "subjecting thousands of Black and Brown Texans to the state prison system."

"Make no mistake, SB4 is not just about the border, it's about severing the relationship between communities and police in every single neighborhood across Texas," Border State Senator, Rolando Gutierrez said. "It's about making every worker of color-roofer, plumber, teacher, and gardener alike- a suspect in their own communities."

The League of United Latin American Citizens, which is the nation's oldest and largest Latino civil rights organization urges elected leaders to prioritize immigration reform.

"LULAC strongly urges our serious elected officials to get down to the important business on addressing immigration reform in the interest of our country and millions of immigrants contributing to its well-being," Domingo Garcia, LULAC National President, said. "Meanwhile LULAC will not allow Texas Governor Greg Abbott and his supporters or any other state, to prey on the defenseless asylum seekers ahead of the election and use them as political piñatas."

Republicans support the bill say immigrants already living in the U.S. would not be targeted by racial profiling because of the two-year statute of limitations on the illegal entry charge and would be enforced only along the state’s border with Mexico, according to the AP.

"The court's decision to block this anti-immigrant law from taking effect is an important win for Texas values, human rights, and the U.S. Constitution," David Donatti, Senior Staff Attorney of the ACLU said. "Our current immigration system needs repair because it forces millions of Americans into the shadows and shuts the door on people in need of safety. S.B. 4 would only make things worse."