Introduction
Texas Senate Bill No. 4 (SB4), passed in 2023, aims to address illegal border crossings into Texas. The bill created new state-level criminal offenses for unauthorized entry and non-compliance with removal orders, giving local law enforcement the power to detain suspected undocumented individuals. It also provided legal protection for officers who act in accordance with the law. While SB4 is a state-level bill, it sparked national debate on issues of immigration, human rights, and federalism. Supporters of SB4 believe the bill is necessary to protect Texas residents and secure state borders. However, critics argue that the bill could lead to racial profiling and harm immigrant communities, many of whom are fleeing dire circumstances in their home countries.
What are SB4’s Main Provisions?
SB4 gives police officers the power to arrest and detain individuals who are under suspicion of having illegally entered the country. The bill restricts law enforcement from making immigration-related arrests in places that are not designated ports of entry, such as elementary and high schools, hospitals, places of worship, and forensic medical facilities. This provision intends to create safe havens where individuals can seek help without being detained for their suspected status. Arrests on college and university campuses are permitted under SB4.
Under SB4, judges can also issue orders for non-citizens to return to their home countries under specific conditions. The non-citizen will not receive a criminal charge if they meet the following conditions: have no prior criminal record, are not facing severe charges unrelated to immigration, and are willing to provide biometric measures including fingerprints. The biometric measures will be cross-referenced with local, state, and federal criminal databases.
SB4 has harsh penalties for those who enter Texas without using official ports of entry and those who re-enter after being deported. Those who refuse to leave the United States under court-ordered returns may face felony charges. Inmates convicted under SB4 have limited eligibility for parole, meaning they are less likely to be released early.
SB4 also includes strong legal protections for law enforcement officers and officials involved in immigration enforcement. To give officers the confidence to enforce the bill without fear of being sued, the bill grants officers immunity from lawsuits as long as they act in good faith.
Legal Battles
Texas SB4 is at the heart of an ongoing legal battle, highlighting the tensions between state and federal powers over immigration. Initially passed in 2017, the bill faced pushback from civil rights groups and local governments. After some revisions, Texas reintroduced SB4 in December 2023, but it quickly came under fire again. In January 2023, the U.S. Department of Justice filed a lawsuit, claiming the revised bill violated constitutional rights. By February 2024, the United States District Court for the Western District of Texas issued a ruling temporarily blocking SB4 from going into effect. However, in March 2024, the Supreme Court briefly allowed it to take effect, only for it to be blocked again by the Fifth Circuit Court of Appeals. SB4 remains on hold as the Department of Justice’s lawsuit is pending. The case’s outcome could shape immigration policy nationwide, reflecting the struggle to balance state power with federal oversight.
Arguments in Favor of Texas SB4
For supporters, SB4 is a crucial deterrent against what they see as unchecked illegal immigration that threatens the safety and stability of their communities. Many Texans live in border towns and worry about issues like drug trafficking and crime. They see SB4 as a step toward restoring order. Without SB4, state authorities are only able to arrest migrants for criminal trespass near the border with landowner permission. SB4 would allow them to prosecute illegal entry and reentry without landowner permission. Proponents hold that this provision drastically increases the efficiency of immigration law enforcement.
Defenders of the bill also point out that it explicitly targets illegal border crossing and does not institute mass deportations. They say SB4 does not apply to those living in Texas without legal status. Instead, it focuses on areas close to the border where illegal entry is most common. Near the border, a magistrate must determine that there is enough evidence to make an arrest, which means the law has a more limited impact on communities further from the border. Supporters also emphasize that legal residents of Texas who are detained will have the opportunity to defend themselves in court.
Additionally, proponents of SB4 argue that the bill helps create consistency between state and federal enforcement efforts. They say the current system leaves too many gaps, with federal policies often shifting based on political changes in D.C. They cite the United States Constitution’s Article I, Section 10, which states that states may protect themselves from an “invasion” or imminent danger. For Texans in support of the bill, unauthorized immigration poses an “invasion” and impending threat to their state. According to them, Texas has the constitutional authority to do as it sees fit to protect its constituents in the face of the federal government’s failures.
Arguments Against Texas SB4
According to critics, SB4 has the potential to increase civil rights abuses. They hold that the bill’s broad language and increased powers for local law enforcement open the door to racial profiling, especially against Latino and Hispanic residents, who make up 65% of Texas’s population. By granting extensive authority to local law enforcement to detain individuals based on suspected immigration violations, they say SB4 may lead to biased practices. They argue it will lead to the erosion of trust between Texas’s immigrant community and law enforcement, rendering it more difficult for law enforcement to maintain public safety.
Opponents also highlight legal concerns, arguing that SB4 oversteps the bounds of state authority. The Supremacy Clause of the American Constitution establishes that federal laws take precedence over state laws, and immigration enforcement is traditionally a federal responsibility. In the case Arizona v. United States, the Supreme Court ruled against a similar state law, limiting the role states could play in immigration enforcement. Critics argue that SB4 ignores this precedent.
Critics also emphasize that SB4 will harm vulnerable immigrant populations, including refugees fleeing danger who have the right to seek asylum under U.S. law. SB4 does not create exceptions for these individuals and may lead to the deportation of people who qualify for asylum or other protections. Critics argue that by treating all undocumented individuals as criminals, the bill risks inflicting harm on families and children who are seeking safety. Moreover, critics emphasize that refugees and immigrants contribute positively to Texas’s economy through self-made businesses and taxes like other Americans, and forcing them to leave will cause more economic harm than good.
Conclusion
Texas Senate Bill No. 4 reflects the broader national debate over immigration. Some see SB4 as a necessary step to protect Texas communities from the perceived chaos of border crossings. In contrast, others see it as an overreach that endangers the rights and well-being of immigrants seeking refuge. As the legal battle unfolds, Texas will grapple with balancing the principles of federalism, border control, and human rights.
