ACLU sues Texas SB4 Law and seeks to stop controversial deportation plan
Law would allow state and local authorities to arrest, detain, and expel people suspected of having entered the country without federal authorization
The American Civil Liberties Union, together with the ACLU of Texas and the Texas Civil Rights Project, filed a new lawsuit with ective to block key parts of the controversial immigration law SB4, one of the most restrictive passed in a state in recent years.
The legal team is seeking a temporary restriction order and a precautionary measure that prevents several sections of the legislation from entering into force on next May 15. The no rma, approved in 2023, would allow state and local authorities to arrest, detain and expel individuals suspected of entering the country without federal authorization.
According to the demand, the law creates new criminal figures and grants broad powers to local judges in immigration matters. Among the most questioned points, the crime of stands out “re-entry”, which could apply even to people with legal status, and the ability of magistrates to issue deportation orders without specialization in immigration law.
“SB4 would transform our police and judges into immigration agents, threatening neighbors who have families here, who have lived here for years, even those with n legal status”, said Adriana Piñon, legal director of the ACLU of Texas. She added that “the enforcement of immigration laws is exclusively the competency of the federal government.”
The plaintiffs argue that the legislation could lead to racial profiling and separation of families, disproportionately affecting Latino and African-American communities. Additionally, they seek to represent thousands of people potentially exposed to sanctions under these regulations, including legal permanent residents and humanitarian visa beneficiaries.
For his part, Cody Wofsy, deputy director of the ACLU Immigrant Rights Project, noted: “Every court that has analyzed the “yes as SB4 has determined to be unconstitutional. It's cruel and illegal, and we'll keep fighting until it is permanently overturned.”
The new legal action arises after the Fifth Circuit Court of Appeals annulled a prior suspension due to procedural issues, without ruling on the constitutional substances of the case. In decisions Previous courts had considered that this type of law invades federal powers, particularly under the so-called Supremacy Clause, which establishes the primacy of federal law over state law.
“Not only is this law unconstitutional, but it uses Texas resources to harm our communities,” said Kate Gibson Kumar, who stressed that the legal battle will continue.
The case reopens the debate about the limits of state power in immigration matters in the United States, an area historically reserved to the federal government l. Meanwhile, civilian organizations warn that, if entry into force, SB4 could radically change immigration law enforcement in Texas.

