“People have rights in the United States”: Immigration attorney warns Texas families as controversial SB4 law returns with full force, allowing arrests of suspected migrants and possible deportation orders by state judges

Texas – A controversial Texas immigration law is once again at the center of a fierce political and legal fight after new court developments cleared the way for the state to move forward with enforcement. The measure, known as Texas Senate Bill 4 or SB4, dramatically expands the authority of Texas officials when it comes to immigration enforcement and has already sparked fear across communities near the southern border.

The law gives state and local officers the ability to arrest migrants suspected of crossing illegally from Mexico into Texas. It also creates a path for those individuals to later be removed from the United States through state-level legal processes, something critics argue pushes Texas deeper into an area traditionally controlled by the federal government.

Immigration attorney Laura Leon warned that families living near the border may be especially vulnerable as enforcement ramps up again. According to Leon, the law “basically gave state officers the authority to arrest immigrants who crossed from Mexico into Texas and then be removed from the United States.”

The law was originally introduced in 2023 and quickly faced legal resistance from immigrant advocacy groups and civil rights organizations. During President Joe Biden’s administration, enforcement of the measure was largely blocked while lawsuits moved through the courts.

But that changed after legal challenges suffered a major setback. Leon explained that Texas and the 5th U.S. Circuit Court of Appeals determined the groups that filed the lawsuits “did not have the authority” to bring the case. As a result, the lawsuit was dismissed, reviving the law and allowing Texas officials to proceed.

New powers for Texas officers and judges

SB4 represents one of the most aggressive state-level immigration enforcement efforts in the country. Under the law, local police officers can effectively act in partnership with federal immigration authorities by detaining individuals they suspect entered the country illegally.

One key detail in the law is that officers must personally witness an illegal crossing in order to make an arrest under SB4. Supporters say this requirement ensures direct evidence is involved before enforcement actions take place. Critics, however, argue the rule could still lead to confusion, selective enforcement, and civil liberties concerns.

The law also gives state judges the authority to issue deportation-related orders, placing Texas courts into immigration matters in ways rarely seen before. That aspect has alarmed many legal experts and immigrant rights advocates, who fear the system could create inconsistencies and due process concerns.

Leon stressed that people need to understand the legal consequences tied to the law. “What we know is that this law creates a misdemeanor; it’s not a felony. It’s like crossing from one country into a state,” she said. “So what this law basically does is create a type of criminal act that would be on an immigrant’s criminal record.”

Even with the law now active again, Leon emphasized that constitutional protections still apply. She reminded families that “people have rights in the United States” regardless of immigration status and encouraged anyone detained to exercise those rights.

Border communities fear disruption

The return of SB4 has created growing anxiety in communities along the Texas-Mexico border. Many residents fear the law could lead to racial profiling, increased police encounters, and major disruptions to families and workplaces.

Advocacy organizations are already stepping up outreach efforts. La Unión del Pueblo Entero, commonly known as LUPE, has been helping residents understand the law while providing legal guidance and emergency planning resources.

The organization is also collecting stories from affected residents in an attempt to document the law’s impact on everyday life. “We urge our members and the public to reach out and share their experiences so we can understand the real-life effects of this legislation,” a LUPE spokesperson said.

For supporters of SB4, however, the law is viewed as a necessary response to ongoing immigration concerns at the border. Backers argue that Texas has been forced to take stronger action because of what they see as failures in federal immigration enforcement.

Supporters insist the law strengthens public safety and gives the state tools to respond to illegal crossings and related criminal activity. Texas officials have also planned extensive training sessions for more than 20 police departments to help officers understand how to implement the law properly.

A larger battle over immigration power

The fight over SB4 goes far beyond Texas alone. It has become part of a broader national struggle over who controls immigration enforcement and how far states can go when they believe federal action is not enough.

For immigrant families, though, the debate is not abstract. It is deeply personal. Many are now trying to prepare for possible detentions while navigating uncertainty about how aggressively the law will be enforced in the months ahead.

As legal fights continue and advocacy groups prepare new challenges, SB4 is likely to remain one of the most controversial immigration laws in the country—one that supporters view as a security measure and critics see as a dangerous expansion of state power.