Civil rights groups are suing to block a Texas law that allows police to detain immigrants at the border

A coalition of civil rights groups filed a new lawsuit Monday seeking to suspend parts of a Texas law that would allow police in the Lone Star State to arrest immigrants suspected of crossing the US-Mexico border illegally.

The law will come into effect next week after the appeals court overturned a lower court ruling last week that blocked its implementation from 2024. In that decision, the appellate court issued an injunction, finding that the plaintiffs had no standing to sue.

The 4th Senate bill created a federal crime for illegal immigration and authorized federal magistrates to order certain individuals out of the country if convicted.

Courts have long held that immigration enforcement has historically been considered the responsibility of the federal government, but Texas Republicans sought to challenge that precedent when they approved SB 4.

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The Texas Civil Rights Project, the American Civil Liberties Union and the ACLU of Texas argued that the law is unconstitutional, noting that immigration law is the sole responsibility of the federal government and that federal law should override state law.

The groups are trying to block four provisions of SB 4 — the creation of a criminal re-entry into the country illegally, even if the person has obtained legal status such as a green card; giving federal magistrates the authority to issue eviction orders; the creation of a case of failure to follow the magistrate’s orders for eviction; and the requirement that magistrates continue to prosecute even if a person has an immigration case pending under federal law, such as an asylum claim.

“Our fight against SB 4 is not over until justice is served,” said Kate Gibson Kumar, an attorney with the Texas Civil Rights Project, in a statement. “SB 4 is not only unconstitutional, but it is a bad law that uses our Texas resources to harm communities throughout our state. The Texas Civil Rights Project will continue to fight to protect Texas communities from the wrath of SB 4.”

Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project, argued that SB 4 is “cruel and illegal,” adding that the groups “will continue to fight it until it is repealed once and for all.”

The Texas Civil Rights Project, the American Civil Liberties Union and the ACLU of Texas argue that the law is unconstitutional. (Getty Images)

“All the courts that have reached laws like SB 4 have found them to be unconstitutional,” he said.

Texas Attorney General Ken Paxton’s office did not immediately respond to Fox News Digital’s request for comment.

The law is scheduled to go into effect on May 15 unless another court takes action.

“SB 4 will turn our police and judges into immigration agents – threatening neighbors who have families here, who have lived here for years, even those with legal status,” said Adriana Piñon, legal director of the ACLU of Texas. “Immigration enforcement is only a forum for the federal government, and no state has ever sought the powers that Texas is threatening to use here. We are taking this back to court to protect our Texas communities.”

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Courts have consistently held that immigration enforcement is the sole responsibility of the government. (Chip Somodevilla/Getty Images)

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Monday’s case is the latest legal challenge to the Texas law, which was passed by state lawmakers amid a spike in immigration crossings along the US-Mexico border during the Biden administration.

Another case was led by other groups of lawyers who filed a challenge on Monday. The Biden administration initially sought to end the law in 2024 before the Trump administration ended the Justice Department’s involvement in the case last year as part of the president’s mass impeachment program.