LML v. Martin

The American Civil Liberties Union, ACLU of Texas, and the Texas Civil Rights Project filed a class-action lawsuit on May 4, 2026, seeking a temporary restraining order and preliminary injunction to block several provisions of Senate Bill 4 (88-4) from going into effect May 15. The 2023 law is one of the most extreme anti-immigrant laws ever passed by any state legislature in the country.

S.B. 4 would allow local and state law enforcement to arrest, detain, and remove people they suspect to have entered Texas from another country without federal authorization. The organizations are specifically seeking to prevent four different provisions of the law from going into effect, including:

The reentry crime that would apply to anyone living in or traveling through Texas who reentered the United States without federal authorization — even if the person had federal permission to reenter or has since obtained lawful immigration status such as a green card.
The power given to magistrates — who don’t know the intricacies of immigration law — to issue deportation orders.
The crime of failing to comply with the magistrate’s removal orders.
The requirement that magistrates continue a prosecution even when a person has a pending immigration case under federal law.

The new filing comes shortly after the en banc Fifth Circuit Court of Appeals vacated a preliminary injunction in Las Americas Immigrant Advocacy Center et al v. Steven C. McCraw et al solely on the grounds that plaintiffs El Paso County, Las Americas, and American Gateways lacked standing — reversing its own three-judge panel decision from July 2025, which had found standing and held S.B. 4 to be preempted by federal law. This new lawsuit addresses the Fifth Circuit's procedural concerns.

The en banc Fifth Circuit did not reach the constitutional questions at the heart of this case: whether S.B. 4 violates the Supremacy Clause of the U.S. Constitution and unconstitutionally strips the federal government of its exclusive authority over immigration enforcement.