Texas’s Regressive State Deportation Law, SB 4, is in Full Effect

Texas’s Regressive State Deportation Law, SB 4, is in Full Effect

06/02/2026

ddelacruz
Tue, 06/02/2026 – 10:43

(Austin, Texas)—Last week, the Fifth Circuit Court of Appeals allowed Texas’s racist and hateful S.B. 4 (2023) law, which had been largely blocked since its passage, to go into full effect. S.B. 4 is one of the most regressive and controversial pieces of legislation in the country, expanding Texas criminal law to target, arrest, and quickly deport immigrants. Last month certain provisions of S.B. 4 were blocked, while one provision took effect, but the Fifth Circuit’s most recent decision has greenlighted the full force of the blatantly unconstitutional law, allowing Texas to implement a scheme of violence on immigrants and people of color in the state.
S.B. 4 does the following:

Creates state offenses of unlawful entry, unlawful reentry, and failure to comply with a state judge’s removal order.
Empowers state judges (not immigration or federal judges) with the authority to order a person deported to Mexico, regardless of their nationality. Individuals can be deported as quickly as within 48 hours of arrest.
Defies current ongoing immigration proceedings by preventing judges from setting aside (or “abating”) criminal prosecutions under the law even if a federal determination of a person’s immigration status is pending or will be initiated. This means people with a pending immigration application (asylum, temporary protected status, or U Visa application, etc.) can still be deported if prosecuted under the law.

Under S.B. 4, so-called peace officers (a long list of individuals) have the authority to arrest and detain anyone they suspect has entered into Texas from Mexico without authorization. This effectively turns every peace officer in Texas into an arm of U.S. Immigration and Customs Enforcement (ICE). S.B. 4 is taking effect at a time when Texas’s scheme of colluding with ICE is reaching an all time high, with the state leading in ICE enforcement. All across the state, law enforcement and ICE are collaborating to arrest Texans in their homes, in courtrooms, at bus stops, and even in schools.
Allowing S.B. 4 to go into effect is yet another example of Texas leaders continuing to implement laws and policies that are unconstitutional and that threaten the safety of all individuals in the state. S.B. 4 further places all immigrants and communities of color in Texas at risk of racial profiling and arrest.
Despite these troubling legal developments, the ILRC remains committed to supporting and standing alongside immigrants. We will continue to monitor S.B. 4 implementation and share up-to-date Know Your Rights (KYR) information to keep communities informed and better protected. 
To learn more about advocacy efforts and get involved, please visit https://all4texans.org/.

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Source: Immigrant Legal Resource Center | ILRC | Published: Tue, 02 Jun 2026 17:43:15 +0000

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