Federal judge blocks Texas’ SB4 immigration law that would criminalize migrant crossings

Eagle Pass, Texas — A federal judge in Austin on Thursday blocked Texas state officials from implementing a sweeping immigration law that would have allowed them to arrest, jail and prosecute migrants who cross into the U.S. illegally.

The Justice Department and the American Civil Liberties Union had challenged the law known as SB4, which was set to take effect on Tuesday, March 5.

In a 114-page order, Judge David Ezra of the U.S. District Court for the Western District of Texas granted the challengers’ request for a preliminary injunction preventing Texas officials from enforcing the state law.

Crossing into the U.S. outside of a port of entry is already illegal under federal law, but the Texas law would’ve criminalized the action at the state level. It would allow state law enforcement officials to stop and detain anyone suspected of entering Texas unlawfully and empower state judges to issue de facto deportation orders.

Texas Gov. Greg Abbott, a Republican, signed SB4 into law. He has argued it’s needed to deter illegal crossings along his state’s border with Mexico.

But the Biden administration said the state law interferes with federal immigration enforcement. Other critics of the measure have also said it could lead to racial profiling and overwhelm county jails and public safety resources.