Texas Senate Bill 4 (SB4) aims to extend racial profiling and immigration policing of persons suspected of being undocumented to local law enforcement. The bill, which was signed into law by Governor Greg Abbot in 2023 and set to take effect in March 2024, has been navigating through legal challenges and federal litigation. Before the law could take effect, Supreme Court Justice Samuel Alito issued an order pausing its enforcement on an administrative basis. The United States Court of Appeals for the Fifth Circuit in New Orleans is hearing arguments from Texas, the Department of Justice, and immigrant rights organizations regarding the bill and will determine if the law will ultimately go into effect.
The first thing that SB4 aims to do is to allow local law enforcement to question, arrest, and detain individuals who are suspected of being in the country illegally, a task that has been reserved under the jurisdiction of federal immigration officers. The law would also extend powers to state judges to issue orders of deportation, a task reserved for federal judges. It would criminalize illegal entry into the United States in Texas, ranking it as a Class B misdemeanor with a penalty of six months in jail for those entering for the first time. Repeat offenders would be charged with a second-degree felony, with a maximum prison sentence of up to 20 years. Newly empowered judges would be able to grant individuals charged, the option of serving jail time, or the option of having the charges dropped in exchange for being deported to Mexico, regardless of their country of origin.
Mexico’s Ministry of Foreign Government sent out a press release stating that “[…] Mexico categorically rejects any measure that allows state or local authorities to exercise immigration control, and to arrest and return nationals or foreigners to Mexican territory”. According to CBS News, the government further stated that “[…] Mexico will not accept, under any circumstances, repatriations by the State of Texas.” The Mexican Ministry also expressed concerns that SB4 will lead to increased separation of families and racial profiling of Hispanic individuals.