Texas Immigration Law SB4 Is Now in Effect After Years of Legal Battles

A Years-Long Legal Fight Finally Ends — For Now

A 2023 Texas law that lets state police arrest people suspected of entering the country illegally has gone into effect after a federal appeals court lifted a lower court ruling that had stopped it for years. The law, known as Senate Bill 4, has been one of the most legally contested immigration measures in the country — bouncing between courts, injunctions, and emergency orders since it was first signed. After a final flurry of rulings in May and late May 2026, SB4 is in effect as of May 29, 2026.

The legislature passed SB4 in response to record illegal border crossings that the state said amounted to an invasion, and that have since subsided. Immigration law has historically been enforced solely by the federal government. Texas lawmakers sought to challenge that precedent with the law, which quickly drew constitutional challenges from immigrants' and civil rights groups who argued the policing of immigration is under the federal government's purview alone.

What the Law Actually Does

Police may charge individuals with a new state crime of "illegal entry" to Texas, punishable by up to 6 months in jail. Police may also charge individuals previously denied admission to or deported from the U.S. with "illegal re-entry" to Texas, punishable by up to 10–20 years in prison. That's a dramatic escalation compared to how immigration violations have traditionally been handled — mostly as civil matters in federal immigration courts.

SB4 prohibits police from arresting migrants in public or private schools, churches and other places of worship, health care facilities, and facilities that provide forensic medical examinations to sexual assault survivors. The bill doesn't prohibit arrests on college or university campuses. If arrested, a police officer can take a suspect to a magistrate, who may ask them to agree to a state deportation. The individual has the right to agree or not to agree to removal and can invoke the right to remain silent and ask for an attorney. If they do not agree to a state deportation, they can be taken to jail and have a bond set.

A Winding Road Through the Courts

On May 3, 2026, the American Civil Liberties Union, the Texas Civil Rights Project, and partner organizations filed a new class action lawsuit challenging SB4, with plaintiffs including individuals with pending immigration cases, those with lawful U visa status, and others with lawful immigration status, giving the case stronger standing. A federal district judge initially blocked key sections of the law on May 14, but a sweeping appeals court ruling lifted the lower court's stoppage of those provisions after Attorney General Ken Paxton's office appealed the May 14 injunction. That ruling cleared the law to take effect in its entirety and is the latest in a dizzying series of seesaw rulings over the fate of the measure.

Immigration advocacy organizations and the Department of Justice have said the law encroaches on the federal government's sole authority over immigration and will lead to racial profiling by police. Those concerns have not gone away. Texas Department of Public Safety data showed 15% of 2026 arrests involved U.S. citizens or green card holders who were later released. Those figures have intensified concerns about racial profiling, particularly as broader ICE operations expand.

What Comes Next

Opponents of the measure have denounced SB4 as needlessly punitive, expressing concerns that the law could lead to racial profiling and sow fear in immigrant communities across the state, not just among new arrivals. They've also argued it will overwhelm state jails and officials, diverting resources away from efforts to arrest serious criminals. Local law enforcement officials have echoed those practical worries. One Rio Grande Valley sheriff noted that his county jail was already at capacity and that each case could take 30 to 90 days to process.

The decision by Judge Ezra is widely expected to be appealed, meaning the legal status of SB4 could change again in the coming weeks or months. Texas has now become ground zero for a constitutional question that the rest of the country is watching closely: how much power can a state claim over immigration enforcement before it crosses a line that has, for generations, belonged exclusively to the federal government? The answer, it seems, is still being written.