In the wake of the Trump Administration’s nativist policies and the subsequent string of ICE-related killings in the opening month of 2026, Texas Governor Greg Abbott has been promoting his own controversial strain of anti-immigration legislation that pushes the limits of state powers in the United States and begins to challenge a century-old policy in the process.
Texas Senate Bill 4 (SB 4) is a packed piece of legislation that gives Texas state and local law enforcement sweeping powers usually reserved for the federal government since the Immigration Act of 1891 standardized the control and documentation of people entering the United States at the federal level.
The bill creates new state crimes in an effort to crack down on undocumented immigrants with offenses such as illegal entry, punishable by up to 6 months in jail, and illegal reentry, punishable by up to 20 years in prison. The latter also applies to individuals who have federal permission to reenter or have obtained lawful immigration status through a green card.
As of May 2026, some provisions of Texas Senate Bill 4 have been active, while others have been blocked by lawsuits arguing its non-compliance with the United States Constitution.
Due in part to the constantly changing status and confusing language surrounding this bill and its misrepresentation on social media, it’s useful to understand the facts that stand as of May 2026. The articles in Senate Bill 4 that are currently active are as follows:
- Local law enforcement now has the authority to arrest anyone suspected of entering the United States illegally.
- Individuals may be charged with illegal entry, which is punishable by up to 6 months in jail if convicted.
The law has been challenged by multiple immigration advocacy organizations and the Department of Justice, citing concerns that the bill will lead to racial profiling by law enforcement officers, who have never previously been involved in immigration enforcement.
Because of the legal challenges this bill has faced, some core provisions are not currently active; however, this may change as civil suits progress and injunctions are put in place or removed.
According to the American Civil Liberties Union (ACLU), as of May 14, 2026, the following provisions of the bill remain blocked:
- The reentry crime that would apply to anyone living in or traveling through Texas who reentered the United States—even if the person had federal permission to reenter or has since obtained lawful immigration status such as a green card.
- The power given to magistrates to issue deportation orders.
- The crime of failing to comply with the magistrate’s removal orders.
- The requirement that magistrates continue a prosecution even when a person has a pending immigration case under federal law.
Civil rights organizations, such as the ACLU, are currently the most active and outspoken critics of the bill and the threat that it poses to minority communities, such as those in the Rio Grande Valley. The non-profit civil rights organization has been actively combating this bill through both legal and educational means, frequently clarifying the ever-changing status of the law’s provisions and dubbing SB 4 “one of the most extreme anti-immigrant laws ever passed by any state legislature in the country.”
As guaranteed by American law, a detainee can invoke their right to remain silent and ask for the appointment of an attorney. If a detainee does not agree to a state deportation, they can be taken to jail and have a bond set. In many cases, a person will have the continuing right to agree to a state deportation or to challenge their prosecution through an attorney.
Additionally, if a police officer believes that someone may have entered or reentered the country illegally, they can be arrested and taken to a judge who may then agree to a state deportation.
SB 4 prohibits its enforcement in certain locations, including a public or private primary or secondary school; a church, synagogue, or other established places of worship; a health care facility; and a SAFE-ready facility.
In the meantime, as court proceedings continue, the future of immigration law in the United States remains tied to federal power, and it is unclear whether a governor’s agenda can take that on.
