The ink was barely dry on a law signed by Gov. Greg Abbott that makes unauthorized entry into the United States a state crime before a lawsuit was filed by civil rights groups and El Paso County challenging its constitutionality. The Austin American-Statesman reported the suit was filed in an Austin federal court by the ACLU and two immigrant advocacy groups on behalf of the county.
The complaint says Texas Senate Bill 4, passed in the recently concluded fourth special session, is “patently illegal” and that it violates “the federal government’s exclusive immigration powers and the sensitive foreign policy implications of these powers.” The law is set to go into effect on March 5.
SB4 allows any Texas law enforcement officer to arrest people who are believed to have entered the country illegally. Once in custody, they could either agree to leave the U.S. or face prosecution on misdemeanor charges of illegal entry.
