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Regardless of whether you grew up in the United States or not, the concept of federal law versus state sovereignty can be hard to comprehend. 

Immigration law and immigration enforcement are areas that fall under federal authority and responsibility, but some border states have become so increasingly frustrated with the federal government's treatment of the situation that they are taking matters into their own hands. 

The state of Texas passed a law in December 2023 called SB4 that the Biden Administration has asked the Supreme Court to block. SB4 would allow Texas law enforcement officials to stop, jail, and prosecute migrants on state criminal charges of illegal entry or reentry. Additionally, state judges would have the authority to issue de facto deportation orders against suspected violators of the law.  

The bill essentially seeks to have the state of Texas do the job of the federal government. The Texas law is considered controversial not only because it attempts to have the state take over the job of the federal government, but also because it would likely result in increased racial profiling and potential mistaken deportations. Between 2015 and 2020 it seems that the U.S. mistakenly deported up to 70 people with U.S. citizenship. When someone “appears” to be a migrant and does not have proof of citizenship on them, it can be very difficult for them to prove to authorities that they are who they say they are. In Texas, Latinos are 40% of the population. 

The Biden Administration previously sued and succeeded in having the U.S. Supreme Court temporarily block SB4 from taking effect, but then the Supreme Court did not extend the block, waiting for the case to be decided in the 5th Circuit. This means that in the meantime the law is still in operation in Texas. There is still very much a question of what will happen in the long run. 

We anticipate that SB4 will continue to be in the federal court system for quite some time but will keep you updated as this case moves forward.

If you have questions about filing a change of status request or any other immigration filing please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.