Federal Judge Blocks Texas From Deporting Immigrants Under New Law
A federal judge has blocked Texas from arresting and deporting immigrants under parts of SB 4.
Why it matters: Litigators and in-house counsel must track evolving state-federal boundaries on immigration enforcement, as this injunction challenges state efforts to assume powers traditionally reserved for the federal government. The decision underscores heightened legal scrutiny of attempts by states to enact immigration control measures.
- U.S. District Judge David Ezra issued an injunction on May 14, 2026, halting key SB 4 provisions.
- Texas cannot arrest or deport immigrants reentering the U.S. without authorization under this order.
- Other parts of SB 4, criminalizing unauthorized entry, took effect on May 15, 2026.
- The ruling emphasizes conflict between SB 4 and federal immigration authority.
Texas Senate Bill 4 (SB 4) sought to give state officials new powers to criminalize and remove individuals for unauthorized entry into Texas. U.S. District Judge David Ezra on May 14, 2026, granted a preliminary injunction halting enforcement of provisions that let Texas arrest and deport migrants reentering the country without federal coordination.
- Judge Ezra stated that "SB 4 conflicts with federal immigration law because it provides state officials the power to enforce federal law without federal supervision."
- He further warned: "If allowed to proceed, SB 4 could open the door to each state passing its own version of immigration laws... [and] moot the uniform regulation of immigration throughout the country."
The ACLU and other civil rights organizations have argued that SB 4 infringes on federal authority and have challenged it in court. Although the Fifth Circuit earlier dismissed a lawsuit against SB 4 on procedural grounds, Judge Ezra’s decision squarely addresses constitutional questions.
Importantly, the injunction does not prevent Texas from enforcing other new criminal provisions. As of May 15, 2026, unauthorized entry into Texas remains a state-level crime, but the ability to arrest or remove individuals under state authority — powers previously reserved for federal agencies — is paused.
The litigation marks a continued clash over the scope of state power in immigration, with significant implications for legal strategy in both government and the private sector.
By the numbers:
- 2023 — Year SB 4 passed by the Texas Legislature
- May 14, 2026 — Date preliminary injunction issued
- May 15, 2026 — Effective date for other SB 4 provisions
Yes, but: Specifics on enforcement of remaining SB 4 provisions are not yet detailed.