SB4 in Texas: What you need to know about the controversial immigration law

After the U.S. Supreme Court allowed Senate Bill 4 to go into effect in Texas on Tuesday, that same night, the 5th Circuit Court of Appeals put the same bill on hold. 

There’s plenty to examine in the last 24 hours, so here’s a recap of the controversial bill. 

What is SB 4 in Texas? 

Texas Senate Bill 4 is a new law that authorizes state and local police to detain and arrest people suspected of crossing into the U.S. in Texas from Mexico without legal authorization. The law also empowers magistrate judges to order migrants to return to Mexico or face stiffer criminal penalties for noncompliance.

According to the language of the bill, SB 4 looks to “prohibit sanctuary city policies that prohibit local law enforcement from inquiring about a person's immigration status and complying with detainer requests. These policies often also prohibit the sharing of information regarding a person's immigration status with the federal government.” 

Texas lawmakers passed the bill in November and the governor signed it into law in December, but it has remained tied up in the courts over constitutional challenges filed by the U.S. Department of Justice and migrant rights groups. 

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Is SB 4 being enforced?

Not at this time. The 5th Circuit Court of Appeals issued a hold on SB 4 on Tuesday night, about nine hours after the U.S. Supreme Court paved the way for the controversial measure to take effect. The appeals court heard arguments over SB 4 on Wednesday morning but did not take any action.

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What are the penalties under SB 4?

SB 4 makes illegally crossing the border a Class B misdemeanor, punishable by up to six months in jail. Repeat offenders could face a second-degree felony, punishable by two to 20 years in prison.

The law also authorizes magistrate judges to issue deportation orders to those suspected of being in the U.S. illegally, and if migrants refuse to return to Mexico, they could face penalties up to a second-degree felony.

SB 4 also provides mandatory minimum sentences for the operation of stash houses and for human smuggling.

Why was Texas' SB 4 immigration law challenged?

The U.S. Department of Justice and immigration advocacy organizations argue the bill usurps the federal government’s authority over immigration laws. They also argue that SB4 would lead to racial profiling by police, i.e., “Stop-and-Frisk.” Texas Republicans have argued that the state needs to step in to stem the rise in migrants reaching the Texas-Mexico border as they accuse the federal government of being derelict in that duty.

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What are the rules for seeking asylum?

According to USA.gov, an immigrant must be able to demonstrate that they were persecuted or have a fear of persecution in their home country due to their:

• Race 
• Religion 
• Nationality
• Social group
• Political opinion

Anyone who enters the U.S., legally or illegally, has up to one year to request asylum. A decision is made on the asylum application within 180 days after that person files a request.

Can police check immigration status?

According to the Immigrant Legal Resource Center, SB4 (while currently on hold) does not change the way police are required to act when enforcing Texas laws on the streets. However, it can change the way police are likely to behave. 

The ILRC provided what is and isn’t prohibited: 

• It is legal for Texas law enforcement to inquire about immigration status in the course of enforcing Texas criminal laws. However, it is not required. 
• There is no requirement for police to enforce federal immigration laws: SB4 does not authorize police to stop migrants purely on the basis of immigration status, nor does it require police to inquire about immigration status.
• Texas police cannot legally stop someone solely because they suspect them of being undocumented.
• Higher risk of police action based on assumed lack of immigration status: Because of SB4, police may be more likely to stop and arrest immigrants or question people about immigration status, even though this may be illegal discrimination.