Federal Judge Halts Texas SB 4 the Day Before Implementation — Blocks State Deportation Powers, State Magistrate Removal Orders, and Reentry Criminalization While Allowing Illegal Entry Provision to Proceed
U.S. District Judge David Alan Ezra granted a preliminary injunction on May 14, 2026, halting the most sweeping provisions of Texas Senate Bill 4 (SB 4) — a 2023 state law that would have authorized state and local law enforcement to arrest, detain, and remove individuals suspected of entering Texas from another country without federal authorization. The law was one week away from its May 15, 2026 effective date. The ACLU, ACLU of Texas, and Texas Civil Rights Project filed the class-action lawsuit on May 4, 2026, and the court acted swiftly. Judge Ezra's injunction blocked: (1) a state-level reentry crime applicable to anyone who previously left and reentered the U.S. — including individuals with lawful federal permission to reenter or who have since obtained green cards; (2) the power granted to Texas magistrates — who lack expertise in immigration law — to issue deportation orders; (3) criminal penalties for failing to comply with a magistrate's removal order; and (4) the requirement that magistrates continue a prosecution even when the individual has a pending federal immigration case. Only the illegal entry provision was allowed to take effect May 15. Advocates said the blocked provisions would have created a parallel state deportation system in direct conflict with federal immigration law and would have exposed U.S. citizens and lawful residents to wrongful arrests based on suspected immigration status. The ruling maintains the anti-commandeering principle that states cannot administer their own immigration enforcement systems separate from the federal government. Texas has signaled it will appeal.
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- T2 Texas Tribune — Federal judge halts Texas immigration law the day before it was set to take effect Major western
- T3 ACLU — Partners File New Lawsuit Challenging S.B. 4, Texas' Deportation Scheme Institutional western
- T2 Texas Public Radio — Federal judge halts Texas immigration law the day before it was set to take effect Major western