A Texas federal judge blocked a controversial new immigration law Thursday that makes it legal for state officials to arrest migrants suspected of entering the country illegally, a measure that state legislators and advocacy groups have called “unconstitutional.”
State officials are reportedly expected to appeal the decision.
U.S. District Judge David Ezra filed a preliminary injunction against Senate Bill 4, after previously expressing concerns about the implications of states potentially enforcing different immigration laws.
SB 4, which Texas Gov. Greg Abbott signed into law on Dec. 18, was set to take effect Tuesday.
Under the law, migrants could either be ordered to leave the country or face illegal entry misdemeanor charges after being placed in custody—which could turn into a felony charge if another crime is committed or a judge’s order is not followed.
Texas state officials are expected to appeal the ruling, the Associated Press reported.
“This is a win for Texas values, human rights, and the Constitution,” the ACLU of Texas said in a post on X, formerly known as Twitter. “The State could try to appeal today’s decision — but we’re not backing down.”
The law has drawn criticism from lawmakers and advocates alike. Several state officials and advocacy groups have criticized the law. Following its passage, the ACLU, Texas Civil Rights Project and El Paso County also filed a lawsuit.
On Thursday, President Joe Biden and former President Donald Trump are expected to visit the southern border in separate visits.
Illegal immigration has surged under the Biden administration, and the Senate recently failed to pass a bipartisan budget bill that would have bolstered security at the border amid Republican infighting. As a result, U.S. Immigration and Customs Enforcement was reportedly considering mass releases of detained migrants to address a $700 million budget deficit. Abbott has repeatedly criticized the federal government’s handling of the situation—and Texas Attorney General Ken Paxton sued the Biden administration in October over the destruction of razor wire at the border. SB 4 was introduced in the state Senate last November, quickly making its way through the state’s legislative chambers and to Abbott’s desk.
Trump And Biden Plan Dueling Border Visits: Both Plan Texas Visits Thursday (Forbes)
What we know about Texas’ new law that lets police arrest migrants who enter the US illegally (Associated Press)
Texas Officials Pass Bill Allowing Arrests Of Migrants—But Here's Why It Might Be Unconstitutional (Forbes)
Texas Building Military ‘Base Camp’ At Eagle Pass Amid Showdown With Border Patrol (Forbes)