Austin, Texas – The American Civil Liberties Union (ACLU) of Texas has filed a lawsuit challenging Texas Senate Bill 4, which would permit local and state law enforcement to arrest and detain people they suspect to have entered Texas from another country without federal authorization. The bill was signed into law by Governor Greg Abbott on Monday and is scheduled to take effect on March 5, 2024 .
The ACLU, along with the Texas Civil Rights Project and Las Americas Immigrant Advocacy Center, argue that the law is unconstitutional and violates the supremacy clause of the U.S. Constitution. The law bypasses federal law as Texas judges would be authorized to order a person’s deportation regardless of whether a person is eligible to seek asylum or other humanitarian protections under federal law. Enforcement of the law isn’t limited to border communities, meaning Texans across the state would be at risk of arrest, jailing, and deportation .