While still tied up in several courts, the Department of Justice is dropping its suit against Senate Bill 4 (SB4), a piece of legislation allowing law enforcement to arrest those they suspect to be undocumented citizens.
In 2023, Gov. Greg Abbott signed SB4 into law, only for the Biden administration to file a suit against the state. “SB 4 is clearly unconstitutional,” said Associate Attorney General Vanita Gupta. "The Justice Department will continue to fulfill its responsibility to uphold the Constitution and enforce federal law.”
However, under the Trump administration, the Justice Department has now voluntarily dropped the suit.
SB4 would allow police in Texas to detain people suspected of being non-U.S. citizens and entering or attempting to enter Texas from Mexico or another country without authorization, making any illegal entry via the border a "state crime" according to Gov. Abbott
Under the bill, an initial offense would be considered a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $2,000.
All subsequent offenses, however, would be raised to a second-degree felony, carrying a potential prison sentence of up to 20 years.
Opponents of the bill argue that it's an "over reach" on federal immigration authority, which has traditionally been the responsibility of the federal government.
Immigration attorney Debra Rodriguez expressed concern that SB4 would place immigration enforcement responsibilities in the hands of local and state judges, an unprecedented move that could potentially lead to racial profiling.
“We already see situations where law enforcement officers are questioning passengers in a vehicle pulled over for a traffic violation,” Rodriguez told KRIS 6. “The crime was committed by the driver, yet someone in the passenger seat, who simply ‘look’ like they may be from another country, is being questioned and turned over to immigration authorities.”
“What if this person has an avenue to fix their status? What if this is an asylum seeker who has an asylum application pending?” Rodriguez questioned. “Under this law, I don’t believe there is a provision that protects them from being sent back.”
Another point of contention in SB4 is a provision requiring judges to order the removal of individuals convicted under the law. Critics argue that this effectively turns state judges into immigration enforcement officers, a role traditionally reserved for federal authorities.
SB4 remains in ongoing litigation brought by immigrant rights groups out of El Paso County in the Court of Appeals. The trial is set for July, where a federal judge will decide whether the bill will be allowed to take effect.
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