Federal judge temporarily blocks SB 4, Texas law that would allow police to arrest suspected undocumented migrants

EL PASO, Texas (KTSM) – Senate Bill 4 (SB 4) has been temporarily stopped from going into effect Tuesday, March 5 after a federal judge in Austin, TX issued a preliminary injunction on Thursday morning, Feb. 29 against the Texas law that would allow state and local law enforcement to arrest people suspected of crossing the Texas/Mexico border illegally.

U.S. District Judge David Ezra ruled that “SB 4 threatens the fundamental notion that the United States must regulate immigration with one voice,” adding that the US would “suffer grave irreparable harm were SB 4 to take effect.”

Texas Governor Greg Abbott took to X (formerly Twitter), to respond to the ruling by saying “this was fully expected” and that he agrees with the judge that this case will be decided by the U.S. Supreme Court.

Abbott attached a statement to his X post that read in-part quote:

“We will not back down in our fight to protect our state – and our nation – from President Biden’s border crisis.”

The state of Texas has already filed a motion to appeal the decision with the 5th U.S. Circuit Court of Appeals located in New Orleans, Louisiana.

SB 4 could still potentially take effect next week if the Court of Appeals decides to lift the preliminary injunction as it considers the cases against the law.

“Even one day where there are families that cannot be arrested because they are entering the US to seek protection is a win. So, from that perspective, I’m grateful. And if the Court of Appeals renders a decision the day after the fifth, that’s still a success and still worth it,” said Jennifer Babaie, director of Legal Services for Las Americas Immigrant Advocacy Center.

The judge made the ruling over a week after the hearings on SB 4 began, siding with the federal government, Las Americas, other advocacy groups and El Paso County, which filed separate lawsuits in response to SB 4 that were considered by the court in the hearings.

The first lawsuit was filed by leading plaintiff and El Paso-based Las Americas Immigrant Advocacy Center, in conjunction with El Paso County and other organizations, in December of last year right after Abbott signed SB 4 into law. The lawsuit was made against Texas DPS Director Steven C. McCraw and El Paso District Attorney Bill Hicks.

The second lawsuit came from the Department of Justice (DOJ) against the state of Texas, arguing that the law is unconstitutional and only the federal government should have the ability to enforce immigration law.

Executive Director of Las Americas Marisa Limon Garza described how they’re responding to this win.

“We are using this as fuel, fuel to continue to make sure all of our community is educated, fuel to continue the fight in the courts through litigation and fuel to keep mobilizing people. Because ultimately, this is an opportunity for community organizing, for having people understand how their voice can be heard,” said Garza.

El Paso County Commissioner Iliana Holguin said they became involved because they fear the law would cause El Paso residents to lose trust in local police, and said they feel confident that the law will eventually be struck down by the US Supreme Court.

“We want our residents to know that we are going to be fighting, we are going to continue fighting for the residents of the county of El Paso until the very end, because we know that this law is unconstitutional” said Holguin.

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