Is Texas SB4 in Effect Right Now? What Immigrant Families Need to Know in 2026
The law keeps getting blocked, then turned back on. Here is where Texas SB4 stands today, who it can affect, and what to do if you or someone you love gets stopped.
A mother called my office last week. Her voice was shaking. She saw a post on Facebook saying Texas police could now arrest her husband on his way to work, and she wanted to know if it was true.
I get a call like that almost every day now.
So let me explain what Texas Senate Bill 4 is, where it stands in June 2026, and what you can do today to keep your family safe. No rumors. No panic. Just the facts and a plan.
Is SB4 in effect right now?
Yes. As of June 2026, Texas SB4 is in effect.
Here is how we got here, because the news has gone back and forth and confused a lot of people. A federal judge blocked the law in early 2024. The courts argued over it for two years. On April 24, 2026, a federal appeals court lifted the block. Then a judge blocked most of the law again on May 14, 2026. A few days later, the appeals court turned it back on.
So right now, the law is active. But I will be honest with you. It has changed many times, and no court has decided yet whether the law is even legal under the Constitution. Most lawyers I know think this case will end up at the U.S. Supreme Court. So it could change again, fast.
That is why I tell families this. Do not wait to see what the courts do. Get ready now, while the law is on.
What does Texas SB4 do?
SB4, or Senate Bill 4, passed in 2023. Governor Greg Abbott signed it in December of that year.
The law lets Texas state and local police arrest people they think crossed into the country illegally. It makes that kind of border crossing a state crime. A judge can also order someone to leave the country and go back to Mexico, and saying no to that order is its own crime.
The punishment can be small for a first offense. But it can go up to 20 years in prison in some cases, depending on a person's record.
There are a few places where police are not supposed to make these arrests. Schools. Churches. Hospitals and clinics. And places where someone is being examined after a sexual assault. I want families to know these protections exist. I also do not want anyone to count on them as a sure thing.
Why I call this racial profiling
Look at one word in the law. Suspect. SB4 lets an officer arrest someone they suspect crossed the border illegally.
Now think about that for a second. What does a person who crossed illegally look like to a police officer making a quick choice on the side of the road?
There is no paper that says someone looks undocumented. So the officer is left guessing. And that guess often comes down to skin color, an accent, or the neighborhood you happen to be standing in. I am not saying this to scare you. Civil rights groups have made this same point in court. They say the law lets police target people for how they look, and that this can hit U.S. citizens and legal residents too.
That worry is one big reason the court fight is not over.
SB4 can affect more people than you think
This is the part that worries me most, and the part I really need you to hear.
A lot of people believe this law only touches people who are undocumented. That is not true.
The newest lawsuit against SB4 was filed for people with pending immigration cases, people with U visas, and people who already have legal status. The law can reach someone who crossed years ago and later got legal status, even a green card. In some cases it can keep a case going even while a person has an asylum claim or another immigration case open.
So if you have told yourself "this does not apply to me, my case is fine," please read that again. This law reaches more families than the news makes it seem. That is why getting ready matters for so many people.
What can you do right now to protect your family?
You do not need to live in fear. You need a plan. Here is what I tell every client.
Keep copies of your immigration documents. Your green card, work permit, any USCIS notices, U visa papers, asylum papers, TPS approval, or passport. Whatever you have, carry a copy with you and keep the originals safe at home.
Learn one phone number by heart. Your husband, your wife, your mom, or your lawyer. Just one. If the police take your phone, all the numbers inside go with it.
Make a family plan today. Who will pick up your kids? Where are your important papers? Who do you call first? Talk about this before anything happens, not in the middle of an emergency.
Know who you trust for legal help now. The moment of an arrest is the worst time to start looking for a lawyer.
What should you do if police stop you in Texas?
Stay calm. I know that is hard.
Do not run. Do not give false information or fake papers. Fake papers can turn a small problem into a serious federal crime, and I have seen that mistake ruin cases that could have been won.
You can tell the officer you want to stay silent and that you want a lawyer. You do not have to answer questions about where you were born or how you came into the country.
If you are arrested, your family should call an immigration lawyer right away. The sooner, the better.
The mistake I hear all the time
I want to clear up one belief, because it is dangerous.
A pending case does not protect you from everything. A receipt notice is not a shield. People come into my office sure that because they have an open application, nothing can happen to them. That is not how it works. Every case is different, and SB4 has been challenged in court exactly because it could sweep up people with pending cases or legal status.
That is how broad this law is. And that is why I push families so hard to get ready instead of assuming they are safe.
What happens to SB4 next?
More uncertainty, honestly. The court that turned the law back on did so over a small legal point, not over whether the law itself is constitutional. That bigger question is still open, and it may go all the way to the Supreme Court.
What does that mean for you? It is simple. Do not plan your safety around a court date no one can predict. Plan around what you can control today. Your papers. Your family plan. And knowing your rights.
Get your family ready before you need to
A law like this is not only about arrests. It is about fear. It makes people afraid to drive to work, take their kids to school, and live a normal life.
The best way to fight that fear is to be ready before anything happens.
If you have questions about your own situation, or you want help building a document checklist and a family plan, reach out. I would much rather hear from you today than after an emergency.
ARC Legal Services Call or text: 469-200-0158 Website:
www.arclawoffice.com Fort Worth, TX Hablamos Español
This article is general legal information, not legal advice. SB4 is changing quickly, and what I describe here is true as of June 2026. Every case is different. Please talk to a licensed immigration attorney about your situation.
Arzoo R. Connor is a licensed immigration and estate planning attorney and the founding attorney of ARC Legal Services in Fort Worth, Texas.












