SB 4: Fight Between Federal and State Power

SB 4 is a controversial bill created by the Texas State government that would allow any Texas law enforcement officer to arrest and deport migrants. The bill made its way to the Supreme Court after the Biden administration appealed, stating it was a breach of federal authority. The Court did not rule on its constitutionality but allowed the bill to go into effect for four hours [1] until an appeals court blocked its implementation on March 19th [2]. The 5th Circuit Court of Appeals in Texas is still leaving the bill on hold for the time being.  

The main concern with SB 4 is the blatant overreach of power that would be executed by Texas officials. Under the bill, a judge has the power to deport individuals back to their alleged country of origin [3]. This is a direct breach of federal authority because immigration and emigration fall underneath the Department of Homeland Security, a federal branch of the government. Under SB4 there is a new felony offense for illegal reentry by certain aliens and the definition is so broad, that many are concerned United States citizens could be deported as well [4]. On January 3rd, 2024, the Justice Department filed a lawsuit against Texas under the Constitution’s Supremacy Clause and Foreign Commerce Clause [5]. The DOJ released a twenty-two-page complaint along with the press release outlining its argument for filing the suit along with reasoning for the Supreme Court to hear the case. In the complaint, the DOJ cited Arizona V. United States (2012), a landmark case that is the most recent in terms of immigration legislation [5]. The holding of this case established that states cannot make their immigration laws which are according to the matter at hand.  

The State of Texas government has implemented barriers to make it harder for federal agents to cross the border as well as deter immigrants from coming over. The state has utilized concertina wire, a type of barbed wire known for its coiled design and sharp edges, which has been used extensively along the border as a deterrent [6]. By erecting barriers that impede the movement of federal agents, Texas asserts its autonomy and challenges the authority of federal entities in border enforcement efforts. The state then sued federal agents who were cutting the wire for defacing state property. A 5-4 order from the Supreme Court vacated a previous injunction from the 5th U.S. Circuit Court of Appeals that prevented Border Patrol agents from cutting the concertina wire [7]. In the ongoing battle over border security, Texas’s decisive actions underscore the complex interplay between state autonomy and federal authority, a tension that continues to shape immigration policies and enforcement strategies across the nation.  

SB 4 raises many constitutional questions focusing on federal and state authority. If enacted, there would be a monumental shift in American politics. The federal government has held rule over immigration since the implementation of the Constitution. The 5th Circuit Court of Appeals is set to hear arguments about upholding the injunction of the law on April 3rd, 2024.  

[1] Uriel J García & Alejandro Serrano, Supreme Court permits Texas police to arrest people who illegally cross the border as the SB 4 Legal Clash continues The Texas Tribune (2024), https://www.texastribune.org/2024/03/19/texas-illegal-immigration-supreme-court-sb-4/ (last visited Mar 31, 2024).

[2] Kevin McGill, Appeals Court keeps Texas’ migrant arrest law on hold The Texas Tribune (2024), https://www.texastribune.org/2024/03/27/fifth-circuit-texas-immigration-law/ (last visited Mar 31, 2024).

[3] Tex. S. B. 4, 2023

[4] Paul Saputo, Texas SB4: Senate Bill 4, passed in 2023 & taking effect 2024 Saputo Toufexis | Criminal Defense (2024), https://saputo.law/texas-criminal-law/texas-senate-bill-4-analyzing-sb4-passed-in-2023-taking-effect-2024/#note10 (last visited Mar 31, 2024).

[5] Justice Department Files Lawsuit Against the State of Texas Regarding Unconstitutional SB 4 Immigration Law, Justice.gov (2024), https://www.justice.gov/opa/pr/justice-department-files-lawsuit-against-state-texas-regarding-unconstitutional-sb-4 (last visited Mar 31, 2024).

[6] William Melhado, U.S. Supreme Court says Texas can’t block federal agents from the border The Texas Tribune (2024), https://www.texastribune.org/2024/01/22/texas-border-supreme-court-immigration/ (last visited Mar 31, 2024).

[7] Ibid.