This article reflects Texas law and enforcement conditions as of June 2026. Texas has the most complex and actively litigated immigration enforcement framework of any state in this series. Verify current SB4 status at aclutx.org or texastribune.org before relying on this article, as court rulings have shifted rapidly. Key facts as of June 2026: SB4 (Senate Bill 4, 2023): A Texas law creating new state criminal offenses for unlawful entry into Texas (Chapter 51, Texas Penal Code) and authorizing a state deportation-adjacent process. SB4 went into effect as a law on May 29, 2026, following a Fifth Circuit order lifting a prior preliminary injunction. However, a new preliminary injunction issued by U.S. District Judge David Alan Ezra on May 14, 2026, continues to block four key provisions: the reentry crime provision; the provision allowing state judges to issue state removal orders to individuals not yet convicted of entry; the provision making it a crime for anyone reenter Texas (which would affect people with federal permission to be in the country); and a related provision. The arrest provision - allowing Texas peace officers to arrest individuals suspected of entering Texas illegally from a foreign nation at a location other than a lawful port of entry - was in effect as of May 29, 2026. The overall constitutional question of whether SB4 is preempted by federal immigration law has not been resolved on the merits; the litigation continues. SB4 (2017): A pre-existing sanctuary ban requiring Texas law enforcement to honor ICE detainers and prohibiting local policies limiting ICE cooperation. This law has been in effect since 2017. SB8 (89th Legislature, 2025): Requires all Texas county sheriffs operating jails to enter 287(g) agreements with ICE by December 1, 2026. Sheriffs face potential AG enforcement action if they refuse. As of late 2025, only about half of Texas sheriffs had signed agreements; Dallas, Houston, and Austin revised their cooperation policies in April 2026 following state pressure. Operation Lone Star: Ongoing since 2021, deploying state law enforcement and National Guard to the Texas-Mexico border. State funding for border security exceeded $3.3 billion in the 2026-27 budget. Protected zones under SB4 (2023): Public or private primary or secondary schools; churches, synagogues, and established places of worship; healthcare facilities; SAFE-ready facilities. Verify current SB4 litigation status with the ACLU of Texas (aclutx.org) or the Texas Civil Rights Project (texascivilrightsproject.org).
Where Texas Stands
Texas is the most legislatively aggressive and most legally contested enforcement state in this series. It shares a 1,200-mile border with Mexico, has the largest undocumented immigrant population of any state estimated at approximately 1.6 million people, and has pursued state-level immigration enforcement authority through legislation and executive programs since at least 2017. The 2023 SB4 represents the most expansive assertion of state immigration enforcement authority attempted by any state and has generated three years of seesaw federal litigation that remained unresolved on the constitutional merits as of June 2026.
The complexity of Texas's story in this series requires clear framing of what is and is not currently in effect. Multiple laws with the name 'SB4' exist - the 2017 sanctuary ban, still in effect; and the 2023 state criminal entry law, partially in effect as of May 29, 2026, with four provisions blocked by a pending preliminary injunction. Senate Bill 8, the mandatory 287(g) law, took effect January 1, 2026, with compliance required by December 1, 2026. Operation Lone Star has been ongoing since 2021 with billions in state funding. These are distinct programs with different legal status and different practical effects.
Texas's immigrant communities are among the largest and most geographically diverse of any state, spanning the Rio Grande Valley, the greater Houston metro, the Dallas-Fort Worth metroplex, San Antonio, Austin, El Paso, and agricultural communities across the state. Major industries employing large immigrant workforces include construction, healthcare, food processing, oil and gas services, hospitality, agriculture, and domestic services.
Part 1: What Federal Immigration Law Actually Says
Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. Arizona v. United States (2012) is the controlling preemption precedent: states cannot supplement federal immigration law with parallel state criminal enforcement schemes that conflict with or are preempted by federal law.
SB4 (2023) tests that preemption boundary directly. The law creates new state criminal offenses for entering Texas from a foreign nation at a location other than a lawful port of entry (a class B misdemeanor), for reentering after a prior state removal order (a state felony), and includes a process under which state magistrates can issue orders directing individuals to return to the country they entered from. That process is not federal deportation - Texas does not have constitutional authority to deport people - but it creates a state-law removal pathway that critics argue unconstitutionally usurps federal authority and supporters argue is a valid exercise of state criminal law. U.S. District Judge Ezra, in his May 14, 2026 order blocking four provisions, wrote that SB4 'could open the door to each state passing its own version of immigration laws' and that the effect 'would moot the uniform regulation of immigration throughout the country.' The constitutional question remains open.
The Tenth Amendment anti-commandeering doctrine, from Printz v. United States (1997), means the federal government cannot compel Texas to enforce federal law. Texas's SB4 and SB8 are exercises of state authority directing its own agencies - not federal compulsion. Texas's 2017 SB4 sanctuary ban requires Texas agencies to comply with ICE detainers and prohibits sanctuary policies, which has been upheld as within state authority to direct its own subdivisions.
ICE detainers, Form I-247, are administrative requests, not court orders. Texas's 2017 SB4 law requires Texas jails to honor civil ICE detainers - a mandatory compliance obligation that is different from the voluntary discretion other states exercise.
Part 2: Texas State Law
SB4 (2017) - Sanctuary Ban - Continuously in Effect
Texas Senate Bill 4 passed in 2017 and has been in effect since then. This is a different law from the 2023 SB4, though they share the same popular name. The 2017 law prohibits Texas cities, counties, and other public entities from adopting sanctuary policies - policies that limit or restrict ICE cooperation. It requires Texas law enforcement to honor ICE civil detainers. It allows peace officers to inquire about immigration status during lawful stops. It creates penalties for local officials who adopt prohibited policies, including fines, removal from office, and criminal charges. This law is the foundation of Texas's statewide anti-sanctuary framework and has been in operation for nearly a decade.
SB4 (2023) - State Immigration Crimes - Partially in Effect as of May 29, 2026
The 2023 Texas Senate Bill 4 (codified as Chapter 51 of the Texas Penal Code) was passed during a special legislative session in 2023, signed by Gov. Greg Abbott, and set to take effect March 5, 2024. It has been in litigation since 2024. As of May 29, 2026, the law is partially in effect.
The history of the litigation in brief: In February 2024, U.S. District Judge David Ezra issued a preliminary injunction blocking SB4. The law went briefly into effect, then was blocked again. A Fifth Circuit three-judge panel in July 2025 upheld the injunction and found the law preempted. The Fifth Circuit, sitting en banc, vacated the panel decision on April 24, 2026, on the ground that the plaintiff organizations and El Paso County lacked standing to bring the suit - without reaching the constitutional merits. The Fifth Circuit's mandate took effect May 15, 2026. On May 4, 2026, the ACLU, ACLU of Texas, and the Texas Civil Rights Project filed a new class action with individual plaintiffs (including people with pending immigration cases, U visa holders, and lawful immigrants) to address the standing issue. On May 14, 2026, Judge Ezra issued a new preliminary injunction blocking four specific provisions. On May 29, 2026, the Fifth Circuit lifted that injunction in an order allowing SB4 to take effect in its entirety. The law is currently in effect as of June 2026, though litigation continues and further rulings could follow.
What SB4 (2023) does: It makes it a Class B misdemeanor (up to 180 days in jail and a $2,000 fine) for a person to enter Texas directly from a foreign nation at a location other than a lawful port of entry. It creates a state removal process: after arrest under SB4, a magistrate can offer the person the option of agreeing to return to the country they entered from, which drops the state criminal charge. If the person does not agree, they can be jailed and the case proceeds through state courts. A Texas state removal order is distinct from a federal deportation order, as Texas lacks constitutional authority to deport - but such an order could complicate future federal immigration relief. Refusing to comply with a state removal order is a separate state felony.
What remains partially contested: The four provisions that Judge Ezra blocked on May 14 - before the Fifth Circuit lifted that injunction on May 29 - included the reentry crime (making reentry a felony for those with prior SB4 removal orders, including potentially those who had federal permission to reenter), and provisions critics argued would sweep in people with lawful immigration status. With the May 29 Fifth Circuit order, those provisions are also in effect as of June 2026. However, litigation continues and the constitutional merits have not been resolved. Judge Ezra's written opinions have repeatedly found the law preempted. The Fifth Circuit's en banc ruling reversed the prior injunction on standing grounds only. Future rulings could reinstate injunctive relief. This is the most volatile legal status of any law in this 50-state series.
Protected zones under SB4 (2023): The law prohibits enforcement at public or private primary and secondary schools; churches, synagogues, and established places of worship; healthcare facilities; and SAFE-ready facilities (sexual assault forensic exam facilities). Officers retain authority to arrest in areas adjacent to these protected zones if the arrest is not at the protected location itself.
Rights at arrest and magistration: You have the right to remain silent. You have the right to refuse any interview without an attorney. You have the right to refuse to sign any paperwork without an attorney. You have the right to be represented by an attorney - in a criminal SB4 prosecution, an attorney will be appointed if you cannot afford one. You do not have the right to a court-appointed immigration attorney, but you have the right to seek one. The magistration hearing, where the option of agreeing to state removal is offered, is a critical moment. Any attorney consulted before or during that hearing should advise you on the immigration consequences of agreeing to state removal before you consent.
SB8 (2025 Legislature) - Mandatory Sheriff 287(g) - In Effect; Compliance Required by December 1, 2026
Texas Senate Bill 8 from the 89th Legislature was signed into law and took effect January 1, 2026. The law mandates that all Texas county sheriffs operating jails, or contracting with private jail operators, enter into 287(g) agreements with ICE. The compliance deadline is December 1, 2026. Sheriffs who do not comply face potential enforcement action by the Texas Attorney General. The law allows ICE participation to be voluntary on the federal side - if ICE declines to enter an agreement, the sheriff is not in violation. But sheriffs cannot unilaterally decline to participate.
Prior to this law, several major Texas urban counties had not joined 287(g). Dallas, Houston (Harris County), and Austin (Travis County) had maintained general orders limiting ICE cooperation. In April 2026, after the Governor's office threatened to withhold state grants, Dallas, Austin, and Houston all revised their cooperation policies to expand ICE coordination. Tarrant, Denton, Collin, Ellis, and Rockwall counties (in the DFW area) had entered 287(g) agreements, meaning jail intake there performs immigration screening on every booking. As of April 2026, the 287(g) expansion in Texas was among the most rapid in the country.
Operation Lone Star - Ongoing Since 2021
Operation Lone Star has been Texas's state-directed border enforcement program since 2021. It deploys thousands of Texas Department of Public Safety officers and National Guard soldiers to the Texas-Mexico border. It uses existing state criminal laws - trespassing, smuggling of persons, criminal trespass - to charge individuals apprehended near the border who are not prosecuted under federal immigration law. The 2026-27 state budget allocated over $3.3 billion for border security, including Operation Lone Star, border wall construction, and surveillance infrastructure. Operation Lone Star has faced legal scrutiny, reporting on racial profiling, and questions about metrics and effectiveness from fiscal watchdogs.
SB4 (2017) Detainer Requirements
Under the 2017 SB4, Texas law enforcement must comply with ICE civil detainers. A jail or police department in Texas cannot refuse an ICE hold request as a matter of policy. This is a mandatory compliance obligation. It applies statewide to all Texas law enforcement agencies.
Part 3: How State and Federal Law Interact in Texas
Texas presents the most contested state-federal interaction on immigration of any state in this series. The 2023 SB4 directly challenges the Arizona v. United States (2012) preemption framework by creating state criminal offenses that parallel federal immigration violations. The Fifth Circuit's en banc ruling vacated the prior injunction on standing - not on the constitutional merits - meaning the preemption question is still live and will be litigated in the current class action. Courts have not definitively ruled that SB4 is constitutional; they have ruled only that the prior plaintiffs lacked standing.
The 2017 SB4 sanctuary ban operates on different and more settled constitutional ground: it directs Texas agencies to cooperate with federal enforcement rather than creating independent state immigration crimes. Courts have generally upheld this type of state-level coordination mandate.
SB8's mandatory 287(g) requirement uses the same structural approach: the state directing its own subdivisions. ICE's voluntary participation remains an X factor - if ICE declines to enter agreements with certain counties, the law's practical reach is limited. Prior experience in Georgia, which has a similar law, shows that even with a mandate, some holdouts occur at the local level.
Federal enforcement in Texas operates through multiple ICE field offices (San Antonio, Dallas, Houston, El Paso) and extensive CBP presence along the border. Texas is one of the primary enforcement states in the country in terms of both federal and now state enforcement capacity.
Part 4: What This Means for Families on the Ground
Texas presents the highest overall enforcement risk level of any state in this series, combining the border enforcement of Operation Lone Star, mandatory ICE cooperation at the jail level under SB8, the 2017 SB4 mandatory detainer compliance, and the 2023 SB4 state arrest authority which went into effect May 29, 2026.
The 2023 SB4 arrest provision means any Texas peace officer - DPS trooper, county deputy, municipal officer - who believes a person has entered Texas illegally from Mexico at a location other than a lawful port of entry can arrest that person under state law. This is a significant expansion of who can make immigration-related arrests: before SB4 (2023), only federal agents could make arrests for immigration violations. SB4 (2023) is being challenged in federal court and the litigation is active.
The protected zones at schools, churches, and healthcare facilities provide meaningful protection in those specific locations. An arrest cannot legally occur at a school or place of worship under SB4's terms. However, adjacent areas outside those protected zones are not covered.
The mandatory state removal order process creates a high-stakes decision at magistration. If you are arrested under SB4 and offered the chance to agree to return to Mexico, consult an attorney before agreeing. Agreeing to a state removal order may affect your future federal immigration case in ways that are not fully known, because Texas's state removal process has never operated at scale before.
For families in Dallas, Houston, and Austin: these cities revised their ICE cooperation policies in April 2026 after state pressure. Do not assume prior non-cooperation policies remain in effect at the operational level. Verify current policies with local legal services organizations.
Texas has multiple ICE detention facilities and uses county jails extensively for immigration detention. The Rio Grande Valley is one of the most heavily enforced border corridors in the country.
Part 5: What You Can Actually Do
If Arrested Under SB4 (2023)
Remain silent. Do not answer questions about how or where you entered the country, your immigration status, or your country of origin. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.'
At magistration - the hearing where a state judge will offer you the option to agree to return to Mexico - do not agree to anything without first speaking with an attorney. The decision to accept or refuse a state removal order has legal consequences you need advice on. You have the right to refuse the interview, refuse to sign documents, and request an attorney.
Contact an attorney immediately. In SB4 criminal cases, a court-appointed attorney must be provided if you cannot afford one. Contact RAICES Texas, the ACLU of Texas, or the Texas Civil Rights Project for referrals.
If ICE Comes to Your Home
Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize home entry. Ask through the closed door: 'Is this warrant signed by a judge?' If not, say you do not consent to entry.
You have the right to remain silent. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' Do not answer questions about your birthplace, how you entered the country, or your immigration status. Do not sign anything without speaking with an attorney.
At Protected Locations
Schools, churches, synagogues and other established places of worship, healthcare facilities, and SAFE-ready facilities are protected zones under SB4 (2023). Texas peace officers cannot arrest individuals under SB4 at these locations. Exercise this protection - healthcare and education services are available at these locations.
If a Family Member Is Detained
Use the ICE Online Detainee Locator at locator.ice.gov immediately. Texas has multiple ICE detention facilities across the state.
Call the ICE Detention Reporting and Information Line: 1-888-351-4024.
Call the EOIR Immigration Court Information Line: 1-800-898-7180.
Contact RAICES Texas: raicestexas.org. RAICES provides legal representation and advocacy for immigrants detained in Texas.
Contact the ACLU of Texas: aclutx.org. The ACLU of Texas is lead plaintiff counsel in the current SB4 litigation and provides Know Your Rights resources.
Contact the Texas Civil Rights Project: texascivilrightsproject.org. Co-counsel in SB4 litigation.
Contact Proyecto Dilley (for detained women and children): projectodilley.com. Free legal services at the Dilley immigration detention facility.
Contact Las Americas Immigrant Advocacy Center: las-americas.org. Immigration legal services in El Paso and West Texas.
Contact Catholic Charities of Texas statewide for immigration legal services.
Know the Risk Points in Texas
SB4 (2023) went into effect May 29, 2026. Texas peace officers can arrest people suspected of entering Texas illegally from Mexico outside a lawful port of entry. This is active enforcement authority. Verify current litigation status at aclutx.org.
SB8 mandates all Texas sheriffs to join 287(g) by December 1, 2026. Jail bookings increasingly involve immigration screening statewide.
SB4 (2017) requires all Texas law enforcement to honor ICE detainers. There are no sanctuary jurisdictions in Texas.
Dallas, Houston, and Austin revised ICE cooperation policies in April 2026 under state pressure. Prior non-cooperation policies may no longer be in effect operationally.
Protected zones (schools, churches, healthcare facilities) under SB4 (2023) provide specific protections at those locations. Officers cannot make SB4 arrests inside those facilities.
The magistration decision - whether to agree to state removal - is irreversible. Do not agree without speaking with an attorney first.
Part 6: Legal Resources in Texas
ACLU of Texas: aclutx.org. Lead plaintiff counsel in SB4 (2023) class action; Know Your Rights resources for Texas.
Texas Civil Rights Project: texascivilrightsproject.org. Co-counsel in SB4 litigation; immigration rights work statewide.
RAICES Texas: raicestexas.org. Largest immigration legal services and advocacy organization in Texas; detention representation.
Proyecto Dilley: projectodilley.com. Free legal services for women and children detained at the South Texas Family Residential Center in Dilley.
Las Americas Immigrant Advocacy Center: las-americas.org. El Paso and West Texas immigration legal services.
Refugee and Immigrant Center for Education and Legal Services (RAICES): raicestexas.org.
Catholic Charities of Texas: Catholic-charities.org. Statewide immigration legal services.
Houston Immigration Legal Services Collaborative: houstonimmigration.org. Coordinates legal services in the Houston area.
Immigration Advocates Network: immigrationadvocates.org.
EOIR Immigration Court Information Line: 1-800-898-7180.
ICE Detainee Locator: locator.ice.gov.
ICE Detention Reporting and Information Line: 1-888-351-4024.
Summary
Texas has the most complex immigration enforcement framework of any state in this series. Three distinct laws shape the current landscape: SB4 (2017), a sanctuary ban requiring all Texas law enforcement to honor ICE detainers and prohibiting sanctuary policies - in effect since 2017; SB4 (2023), a law creating state criminal offenses for unlawful entry into Texas and a state removal process - in effect as of May 29, 2026, following a three-year litigation battle, with the constitutional preemption question still unresolved on the merits; and SB8 (2025), requiring all Texas county sheriffs with jails to enter 287(g) agreements with ICE by December 1, 2026.
Operation Lone Star, ongoing since 2021, has deployed billions in state resources to the border. SB4 (2023) creates protected zones at schools, churches, and healthcare facilities where arrests cannot be made under the law. The magistration decision to agree or refuse a state removal order carries significant and not fully understood consequences for future federal immigration proceedings - consult an attorney before agreeing to anything. Verify current SB4 litigation status before relying on this article: the law has changed enforcement status multiple times in a single month and further rulings are possible. Contact the ACLU of Texas at aclutx.org for the most current information.
Sources and verification: Texas SB4 (2017, sanctuary ban, in effect); Texas SB4 (2023, Chapter 51 Penal Code, state immigration crimes and removal process); Texas SB8 (89th Legislature, 2025, mandatory 287g for sheriffs, effective January 1, 2026, compliance by December 1, 2026); Tahirih Justice Center, 'Texas Legislature Passes Harmful Anti-Immigrant Legislation,' updated May 6-14, 2026 (SB4 not in effect as of May 6; Fifth Circuit April 24, 2026 en banc ruling vacated injunction on standing, 10-7; mandate set May 15, 2026; ACLU class action filed May 4, 2026); ACLU of Texas, 'Court Blocks Key Provisions of S.B. 4,' May 15, 2026 (Judge Ezra May 14, 2026 preliminary injunction blocking four provisions; reentry crime; state removal order for non-convicted; broad reentry provision; related provision; Judge Ezra quotes); El Paso Matters, 'Federal Court Allows Texas Immigration Law to Take Effect,' updated May 29, 2026 (Fifth Circuit lifts May 14 injunction on May 29; SB4 in effect in entirety as of May 29, 2026; continued litigation); ACLU of Texas Know Your Rights Under Texas SB4 (aclutx.org; updated with May 29, 2026 effective date; right to remain silent; magistration rights; protected zones); Texas Tribune, 'Parts of Texas Immigration Law Set to Take Effect Friday Halted,' May 14 and updated May 29, 2026; Deandra Grant Law, 'Texas SB4 Goes Live May 15' (defense lawyer guide; magistration analysis; DFW county 287g agreements; Dallas/Austin/Houston policy revisions April 2026); Texas Policy Research, '89th Legislative Session Policy Brief: Border Security' (SB8 mandatory 287g; December 1, 2026 compliance deadline; $3.3 billion 2026-27 border security funding; Operation Lone Star context); TPR, 'Immigration Advocates Worry as New Law Requiring Texas Sheriffs to Work with ICE Goes Into Effect,' December 29, 2025 (SB8 effective date January 1, 2026; December 2026 compliance); CRS Legal Sidebar, 'Federal Preemption and Texas S.B. 4,' updated June 2025 (litigation history; standing; Biden DOJ dismissal; Fifth Circuit procedural history); Arizona v. United States, 567 U.S. 387 (2012); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: SB4 (2023) current enforcement status (in effect May 29, 2026 per Fifth Circuit; litigation ongoing in class action; further injunctions possible; verify at aclutx.org or texastribune.org); SB8 county compliance status (deadline December 1, 2026; verify which counties have signed at ice.gov); Dallas, Houston, Austin current ICE cooperation policies (revised April 2026; verify with local legal services); Operation Lone Star current operational scope. Last verified: June 2026.