How SB 4 Could Change Immigration Enforcement Across Texas

Texas Senate Bill 4 was passed in November 2023 and came into effect in May 2026. This bill lets police officers participate in immigration enforcement even though they are not trained the same way as federal agents are.

It has opened up a way for police in Texas to detain people they believe are not citizens or legal permanent residents, and people they suspect may have illegally entered from Mexico or another country.

Additionally, police officers aren’t the only ones being allowed to enforce immigration laws without training; Texas judges will also be allowed to interpret immigration laws and “order individuals deported under certain circumstances”.

While unlawful entry has been considered a criminal offense since 1929, it was largely criminalized on the federal level; Texas is the first to try to create a state-level crime for unlawful entry into the state from a foreign nation, allowing for state and local prosecution of the conduct. It is trying to directly recreate the federal crime in 8 U.S. Code § 1325 at the state level.

People who have received a deportation order from the state of Texas and fail to leave the U.S. may be faced with up to 20 years in prison. 

Under this new policy, police officers may feel more empowered to ask people about their immigration status, in this situation, it’s important to remember that everyone has the right to remain silent, regardless of immigration status.

If you are afraid that your answer to a question could be used against you, you should let the officer know that you are exercising your 5th amendment right to remain silent; you should never lie or present any false information to an officer— this includes your name, date of birth, or address. 

You should also keep in mind that there are areas where officers are not allowed to enforce this immigration policy; those include pre-k through high school, places of worship, and health care facilities (including those involved in the SAFE program).

Places of higher education, such as colleges and universities, graduate schools, and trade schools, are not protected from immigration enforcement. 

While officers will be allowed to ask questions relating to immigration status during traffic stops, they will not be allowed to stop and question you just because they suspect you entered illegally.

For example, if you are pulled over for speeding, expired registration, or any other traffic violation, officers may ask questions about immigration status during the stop, but they cannot initiate or extend the stop solely to enforce immigration laws if there is no separate offense or independent legal basis for the detention.

If you are approached by an officer in a public place, you may ask whether you are being detained or are free to go, and you may leave if you are not being detained. 

Individuals arrested under SB4 will be processed using the current Texas criminal procedure rules governing bail. After an arrest, a judge is required to set bond in accordance with Texas law, considering factors such as flight risk, public safety, and likelihood of appearing in court.

Immigration status alone does not automatically make a person ineligible for bond or result in mandatory detention. However, immigration-related circumstances may be considered by the court as part of the overall assessment when setting the type and amount of bond or deciding conditions of release. An ICE detainer does not change whether a person is eligible for bond under Texas law and does not replace a judge’s bond decision.

This is the official version of Senate Bill 4 (SB 4) as it was passed into law by the Texas Legislature.

Immigration enforcement laws and their application can vary depending on the specific facts of each case; because of this, individuals affected by SB 4 should seek advice from qualified immigration and criminal defense attorneys.

An attorney can evaluate how the law may apply to your particular circumstances, explain your rights and risks, and help you understand any potential consequences related to detention, bond, or removal proceedings.

Call the Law Office of Phan Nguyen at 469-465-2344.

We are here Monday through Friday, 9:00 AM to 6:00 PM. You can also visit us at nguyen-legal.com to book a consultation.

You don't have to face this alone. We are here for you.

Disclaimer: This is not legal advice. The information provided is for general informational purposes only. Immigration laws and enforcement priorities can change rapidly. For advice specific to your situation, please consult with a licensed immigration attorney at the Law Office of Phan Nguyen — call 469-465-2344 or visit nguyen-legal.com.