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Parts of Texas Immigration Law Are Likely Unconstitutional, Federal Judge Signals
Judge David Alan Ezra questioned whether Texas can enforce immigration penalties before the law takes effect, calling parts of SB 4 unconstitutional.
On Thursday, U.S. District Judge David Alan Ezra granted a preliminary injunction blocking key provisions of Senate Bill 4 hours before the Texas immigration law was set to take effect Friday.
Passed in late 2023, SB 4 was originally scheduled for March 2024 but became entangled in legal challenges for over two years until the Fifth Circuit lifted the block April 24.
Judge Ezra called blocked provisions "the shame of the law and superfluous," warning that SB 4 could prompt states to pass conflicting immigration laws and force the federal government to "navigate a patchwork of inconsistent regulations."
The ACLU and Texas Civil Rights Project filed suit May 4 on behalf of two immigrants—a legal permanent resident and visa holder—both fearing arrest and deportation, while Governor Abbott's office vowed Thursday that Texas will not back down.
President Donald Trump's administration plans to file a brief supporting SB 4, reversing the Biden Justice Department's 2024 opposition, as Texas expands immigration enforcement through ICE cooperation agreements signed by 383 local entities as of May 12.