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Editor’s Note, 5/6/2026, 10:27 a.m.: This article has been updated to include a statement from the Dallas Police Department submitted to the Observer after it was originally published.
Next week, a Texas law passed in 2023 that allows local law enforcement to arrest individuals suspected of entering the country illegally is expected to go into effect.
Senate Bill 4 will make illegally crossing the southern border a misdemeanor punishable by local law enforcement. Notably, deputies are charged with arresting individuals who are suspected of having crossed the border illegally, even if it is not immediately known if they actually did so. Traditionally, immigration enforcement has been handled by federal authorities.
The law could begin on May 15, if it is not blocked by another court.
SB 4 was passed by the state legislature during a special session three years ago in response to the record number of illegal border crossings taking place at the time. Almost immediately after being signed off on by Gov. Greg Abbott, the law was thrust into legal limbo. Last month, the conservative 5th U.S. Circuit Court of Appeals in New Orleans lifted the injunction that had prevented the bill from taking effect.
The decision has been met with celebration by Texas’ conservative leaders and anger by immigration advocacy groups.
“Texas’s right to arrest illegals, protect our citizens, and enforce immigration law is fundamental,” Attorney General Ken Paxton said. “This is a major win for public safety and law and order.”
On May 4, the American Civil Liberties Union of Texas (ACLU) filed a class action lawsuit seeking a temporary restraining order blocking SB 4 from going into effect. Advocates have warned that the law could lead to family separations and racial profiling if implemented as written.
The organization is specifically asking that the parts of the law that define reentry of the U.S. as a crime, even if a person has reentered with federal authorization, and that call for state magistrate judges to issue deportation orders, be stopped.
“SB 4 would transform our police and judges into immigration agents — threatening neighbors who have families here, who have lived here for years, even those who have legal status,” said Adriana Piñon, legal director at the ACLU of Texas, in a statement. “Immigration enforcement is exclusively the federal government’s arena, and no state has ever claimed the power Texas threatens to wield here.”
A judge has yet to rule on whether the ACLU’s injunction will be granted.
What Will SB 4 Look Like in North Texas?
SB 4 could become law in as little as a week, but it could also be blocked by a court yet again. The uncertainty complicates how local police departments are preparing for the new policy, especially in non-border cities where police have historically not had to interact significantly with immigration enforcement.
Other complicating factors are Abbott and Paxton’s recent threats against Houston, Austin and Dallas for perceived noncompliance with a 2017 law, also known as Senate Bill 4, that prohibits departments from adopting policies that “materially limit the enforcement of immigration laws.” The threats have forced officials in all three cities to walk back policies intended to limit police interaction with federal immigration agents.
In Garland, officials are waiting to see if SB 4 will go into effect, at which point they plan to “work closely with the City Attorney’s Office to evaluate the law and determine appropriate policies and practices, including how it applies to a municipality that is not located on the border,” the department said in a statement.
“As with any legislative change that is subject to ongoing legal challenges, the department will monitor court rulings and adjust its approach as necessary to remain in compliance while continuing to serve the community responsibly,” the statement also read.
Similarly, an Irving Police Department spokesperson said the agency is “monitoring” developments with SB 4, including the ACLU’s filed lawsuit. In a statement, the spokesperson added that while the department “will follow the law,” it also “remains committed to serving and protecting” Irving’s residents, and it “values the diversity of our community.”
In a statement, the Arlington Police Department said that officers “regularly collaborate with other regional, state and federal law enforcement agencies” as part of a mission to reduce crime and build community relationships.
“APD has and will continue to work with our federal partners to remove violent offenders and other criminals who threaten the safety and well-being of our community from our streets,” the department said.
Garland, Irving and Arlington did not respond to the Observer‘s specific question of how the departments will ensure that SB 4 does not lead to racial profiling. The Plano and Frisco Police Departments did not respond to requests for information on how their officers plan to implement SB 4. A spokesperson from the Fort Worth Police Department said it is working to get the latest information on the law. In 2024, though, just a few months after SB 4 was signed into law, Fort Worth police signaled hesitancy to go all in on SB 4.
“Although we will always follow the law, the primary responsibility for immigration enforcement and border protection should be left to our federal and state partners,” Former Fort Worth Police Chief Neil Noake said in a social media video. (Later on, the department posted to X the statement, “To be clear – and so there is no confusion – Fort Worth Police Department will ALWAYS enforce the law.”)
In a statement provided to the Observer after the Dallas Police Department said it will remain in compliance with all state laws, noting that its recent General Order change reflects this.
“The Department has longstanding policies in place to prevent and address claims of racial profiling,” the statement reads. “SB4 also reaffirms the prohibition of racial profiling and discrimination. We have not made any changes to posture or policy as it relates to SB4.” Ironically, Garcia is now chief of the Fort Worth squad.
