Federal Court Blocks Extreme Texas Legislation That Would Overstep Federal Immigration Law
AUSTIN, Texas – The United States District Court for the Western District of Texas today granted a motion for preliminary injunction to block Texas Senate Bill 4 (88-4), which would permit local and state law enforcement to arrest, detain, and remove people they suspect to have entered Texas from another country without federal authorization. The legislation is one of the most extreme anti-immigrant laws ever passed by any state legislature in the country.
A lawsuit from civil rights groups argues that the S.B. 4 violates the supremacy clause of the U.S. Constitution and is preempted by federal law, as Texas judges would be required to order a person’s deportation regardless of whether a person is eligible to seek asylum or other humanitarian protections under federal law. Advocates have warned that the law will separate families and directly lead to racial profiling, subjecting thousands of Black and Brown Texans to the state prison system, which is rife with civil rights abuses.
The lawsuit was filed in December 2023 by the American Civil Liberties Union, the ACLU of Texas, and the Texas Civil Rights Project (TCRP) on behalf of El Paso County, American Gateways, and Las Americas Immigrant Advocacy Center. It was subsequently consolidated with a lawsuit by the Department of Justice.
The court’s decision will temporarily block the law from going into effect as the case is litigated. Without an injunction, the law would have gone into effect on March 5, 2024. This ruling is likely to be appealed by the state.
The following reactions are from:
Anand Balakrishnan (he/him), senior staff attorney at the ACLU’s Immigrants’ Rights Project, said:
“The federal court’s decision confirms over a century of Supreme Court precedent, affirming that immigration enforcement is squarely within the federal government’s authority. S.B. 4 is a blatantly unconstitutional attempt to bypass federal law. We applaud the court’s decision, but we must ensure this harmful law is struck down altogether.”
Edna Yang (she/her), co-executive director of American Gateways, said:
“This decision is a victory for all our communities as it stops a harmful, unconstitutional, and discriminatory state policy from taking effect and impacting the lives of millions of Texans. Local officials should not be federal immigration agents, and our state should not be creating its own laws that deny people their right to seek protection here in the U.S. While we are thankful for this court decision, we know that too many people fleeing persecution are being denied their legal rights to make their case and seek political asylum. The only way to fix our broken immigration system is through federal congressional action, not individual state action.”
Jennifer Babaie (she/her), Director of Advocacy and Legal Services with Las Americas Immigrant Advocacy Center, said:
“With today’s decision, the court sent a clear message to Texas: SB 4 is unconstitutional and criminalizing Black, brown, indigenous, and immigrant communities will not be tolerated. This crucial decision allows us to continue to focus our efforts on building a safe, legal, humane immigration system not contingent on abuses like racial profiling and harassment. We must continue to be vigilant against Texas' politics of fear and hatred. But today, immigrants and Texans of color get to pursue living lives of hope, opportunity, and family. It's a win worth celebrating.”
David Donatti (he/him), senior staff attorney at the ACLU of Texas, said:
“The court’s decision to block this anti-immigrant law from taking effect is an important win for Texas values, human rights, and the U.S. Constitution. Our current immigration system needs repair because it forces millions of Americans into the shadows and shuts the door on people in need of safety. S.B. 4 would only make things worse. Cruelty to migrants is not a policy solution.”
Aron Thorn (he/him), senior attorney, Beyond Borders Program at TCRP, said:
“We celebrate today’s win, blocking this extreme law from going into effect before it has the opportunity to harm Texas communities. This is a major step in showing the State of Texas and Governor Abbott that they do not have the power to enforce unconstitutional, state-run immigration policies. While this is only the first step in abolishing the law, people across the state can breathe a sigh of relief knowing they will not be needlessly arrested or deported by Texas under S.B. 4.”
Iliana Holguin (she/her), El Paso County Commissioner Precinct 3, said:
“El Paso County applauds the court’s clear confirmation today that immigration policies rest solely under Federal jurisdiction, and the state of Texas’ interference with the U.S. Constitution will not be tolerated. A piecemeal approach from individual states on federal matters such as immigration enforcement would put an undue burden on local taxpayers, while opening the door to potential civil rights violations for border residents and immigrants alike.”
The order granting a preliminary injunction is available here: /documents/las-americas-v-mccraw-order-granting-preliminary-injunction
Access “Know Your Rights” under S.B. 4 materials in English here:
Access “Know Your Rights” under S.B. 4 materials in Spanish here:
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Press ReleaseDec 2024
Immigrants' Rights
ACLU FOIA Litigation Reveals ICE Actively Considering Proposals to Expand Immigration Detention NationwideACLU FOIA Litigation Reveals ICE Actively Considering Proposals to Expand Immigration Detention Nationwide
NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity in at least six states across the country, including in California, Kansas, Nevada, New Mexico, Texas, and Washington state. The records, obtained as a result of a Freedom of Information Act (FOIA) lawsuit filed by the ACLU in September 2024, disclose that private prison corporations, as well as other corporate entities that provide services to build temporary facilities, monitor compliance, and staff facilities submitted proposals for expanded immigration detention in response to ICE’s contract requests. The discovery comes just weeks after the ACLU received its first tranche of FOIA documents revealing that ICE is considering expanding detention in three different facilities in New Jersey. “You cannot have mass deportations without a significant expansion of ICE detention capacity in states across the country and that’s exactly what the incoming Trump administration is preparing to do,” said Eunice Cho, senior staff attorney at the ACLU’s National Prison Project. “Rather than permanently shutting down abusive detention facilities, the Biden administration is paving the way for President-elect Donald Trump to make good on his cruel and inhumane mass deportation proposals.” The FOIA documents reveal that GEO Group, Inc., CoreCivic, and the Management & Training Corporation (MTC) submitted contract proposals to Requests for Information (RFI) to expand detention capacity and facilities, several of which have a lengthy history of abusive conditions. The proposals for expanded immigration detention facilities include: Midwest Regional Reception Center in Leavenworth, KS – formerly known as Leavenworth Detention Center – which has a track record of abusive conditions, which led the federal government to end its contract with the facility in 2021. South Texas Family Residential Center in Dilley, TX – a facility where children as young as 19 months have died as a result poor medical care. Nevada Southern Detention Center in Pahrump, NV – which has been subject to a federal invesitgation for medical negligence, racial discrimination, and verbal abuse of detained people. Cibola County Correctional Center in Milan, NM — which has been the site of numerous deaths in recent years, with incidents of neglect, abuse, and lack of medical care. Torrance County Detention Facility in Estancia, NM – which Department of Homeland Security’s Office of Inspector General cited in 2022 due to poor conditions. California City Correctional Center in California City, CA – which was previously used as a California Department of Corrections prison until March 2024. ICE also withheld a number of documents in its FOIA disclosure, obscuring the names of the specific facilities. However, the documents produced indicate that the following detention facilities are likely under consideration by ICE: Lea County Correctional Facility in Hobbs, NM (Proposal by GEO Group, Inc. for the El Paso Field Office) Northwest ICE Processing Center in Tacoma, WA (Proposal by GEO Group, Inc. for the Seattle Field Office) Golden State Annex in McFarland, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) Mesa Verde Detention Center in Bakersfield, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) MTC facility in South Texas, which may include the Willacy County Jail in Raymondville, TX (Proposal by MTC for the Harlingen Field Office) GEO Group, Inc. facility in IL, IN, WI, MI, KT, or KS (Proposal by GEO Group, Inc. for Chicago Field Office) GEO Group, Inc. facility in South Texas, which may include the Brooks County Detention Center, Falfurrias, TX; Coastal Bend Detention Center, Robstown, TX; or the East Hidalgo Detention Center in LaVilla, TX (Proposal by GEO Group, Inc. For the Harlingen Field Office) Other corporate entities, including Kastel Enterprises, LLC., and Active Deployment Systems, which provide services to build temporary facilities, and Sabot Consulting, which provides compliance monitoring and detention staffing services, also submitted responses to ICE’s request. As the ACLU has previously documented, the federal government’s immigration detention system overwhelmingly relies on private prison corporations. Private prison corporations, like the GEO Group, CoreCivic, LaSalle Corrections, and the Management & Training Corporation have pocketed billions from ICE detention contracts over the past two decades. The FOIA records are available here: /documents/multi-state-detention-facility-support-foia-documents-request-for-information -
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Immigrants' Rights
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National Security
Immigrants' Rights
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Press ReleaseNov 2024
Immigrants' Rights
ACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New JerseyACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New Jersey
NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity across the state of New Jersey. The records, obtained as a result of a FOIA lawsuit filed by the ACLU in September 2024, disclose that ICE capacity could increase by approximately 600 beds in at least two facilities in New Jersey. The discovery comes as President-elect Donald Trump continues to double down on his campaign promise to implement the largest mass deportation and detention program in the nation’s history. For months, the ACLU of New Jersey and advocates have raised concerns with the Biden administration’s plans to expand detention in New Jersey, as well as in potentially sixteen other states identified by ICE. “Instead of closing abusive detention facilities once and for all, the Biden administration is simply paving the way for the incoming Trump administration to conduct mass detention and deportation of immigrant communities nationwide,” said Eunice Cho, Senior Staff Attorney at the ACLU’s National Prison Project. “The Biden administration must instead work to close these facilities now.” These facilities under consideration include the Elizabeth Detention Center, located in Elizabeth, New Jersey and owned and operated by CoreCivic, Inc., and the Albert M. “Bo” Robinson Center (ARC) in Trenton, New Jersey, which was formerly owned by the GEO Group, Inc. Both facilities have significant records of poor conditions. Investigations of conditions at ARC exposed abusive conditions including “robbery, sexual assault, [and] menacing of the weak.” Meanwhile, the Elizabeth Detention Center has also come under fire for consistent medical neglect, cramped and unsanitary living quarters, and abusive treatment from guards. The ACLU obtained these documents as a result of Freedom of Information Act (FOIA) litigation, which sought in part records responsive to a contract solicitation for additional ICE detention space in the Newark, New Jersey area. The solicitation, originally issued on June 26, 2024, sought “comprehensive detention services for adult male and female noncitizens” to “provide for general population, intake, segregated housing, and medical beds at a contractor-owned/contractor-operated detention facility or facilities.” The documents provided by ICE provide a limited glimpse of the detention proposals, as the production appears to include only the environmental impact statement portions of the proposals submitted by CoreCivic, Inc. and GEO Group, Inc. to ICE. It is unclear from the documents whether there are additional New Jersey facilities that responded to ICE’s solicitation, or how much it would cost taxpayers. For example, the GEO Group, Inc. claimed in litigation earlier this year that it has readied the Delaney Hall Facility, located in Newark, New Jersey, to conform with ICE operating requirements. “New Jersey has already taken steps to oppose immigrant detention by phasing out ICE contracts and closing county-run ICE jails. But as federal plans to expand detention in New Jersey continue, the need for protections grows by the day. That’s why it’s imperative that the Biden administration immediately halt any efforts to expand this abusive detention machine,” said ACLU-NJ campaign strategist Ami Kachalia. “We also urge the New Jersey Legislature to quickly pass the Immigrant Trust Act so that New Jersey is not complicit in separating families or depriving our residents of due process.” State officials and members of New Jersey’s congressional delegation have opposed the expansion of ICE detention in the state. Earlier this year, eight Representatives and Senator Cory Booker raised concern regarding the development of additional private ICE detention facilities in the state. Prior to that, the New Jersey state legislature passed AB 5207 in 2021, which prohibited state and local entities and private detention facilities from entering, renewing, or expanding immigration detention contracts. Both CoreCivic, Inc., and GEO Group, Inc. filed suit to stop enforcement of the law, which has been enjoined pending appeal. The ACLU of New Jersey filed a friend-of-the-court brief on behalf of 28 community organizations in support of New Jersey's anti-detention law. The FOIA records are available here: /documents/foia-documents-re-nj-ice-detention-rfi