Federal Judge Rules Against SB4: A Wholly Predictable Movement

As an immigration attorney and CEO of Quiroga Law Office, PLLC., my legal expertise and knowledge led me to anticipate the decision of a Texas federal judge against the implementation of SB4. This legislation, signed by Governor Greg Abbott in December 2023, aimed to empower local and state law enforcement agencies to arrest, detain, and deport individuals suspected of entering Texas from another country without federal authorization. 

From the moment this measure was announced, it was clear it would face significant legal challenges. The court’s decision to block SB4 from taking effect was unsurprising. The law, in my view, directly clashes with the principle that immigration matters should be handled by the federal government, not by the states. 

Governor Abbott has voiced his intention to appeal this decision, arguing that Texas has the right to defend itself due to President Biden’s alleged failure to protect the state from an “invasion” at our southern border. 

Various civil rights organizations have described SB4 as one of the most extreme anti-immigrant laws ever passed by a state. They argue it violates the Supremacy Clause of the U.S. Constitution and is preempted by federal law, as it would require Texas judges to order a person’s deportation without considering whether the person is eligible to apply for asylum or other humanitarian protections under federal law. 

Furthermore, it has been warned that this law could separate families and lead directly to racial profiling, subjecting thousands to the state’s penal system, known for its civil rights abuses. 

It’s crucial to understand that Texas is the second most populous state in the U.S., with over 28.5 million residents, 40% of whom are Hispanic. This cultural and demographic diversity highlights the importance of addressing immigration issues with sensitivity and respect for the human and civil rights of all residents, regardless of their immigration status. 

At Quiroga Law Office, we will continue to support those seeking to achieve the American Dream and will vigorously defend the rights of immigrants against legislation we consider to be counterproductive to the values our nation represents. The legal fight against SB4 is also a reflection of our commitment to justice and equity for all immigrants.