The American Immigration Council is a non-profit, non-partisan organization. Texas is embarking on an unprecedented experiment: using state and local law enforcement officers to conduct immigration enforcement and empowering state judges to issue removal “orders” traditionally reserved for the federal government.
Nearly three years after Governor Greg Abbott signed Senate Bill 4 (SB 4) into law, Texas has begun enforcing one of the most sweeping state immigration laws in the country. In late May, a Fifth Circuit Court of Appeals ruling allowed the law to take effect in its entirety while litigation continues, ending a years-long cycle of injunctions, appeals, and conflicting court orders.
What does SB 4 do?
The law gives state and local law enforcement officers new authority to arrest people suspected of unlawfully entering Texas, to bring charges for the newly created state crime of “illegal entry,” and authorizes Texas judges to issue removal orders under certain circumstances. The law also creates a state felony offense for “illegal re-entry.” Supporters argue that the law mirrors federal immigration statutes and is necessary to address border security concerns; however, U.S.-Mexico border encounters are now at a 50-year low. Opponents argue that immigration enforcement is a federal responsibility and warn that the law will lead to racial profiling, disrupt labor markets, create confusion among law enforcement agencies, sow distrust in local law enforcement, and undermine constitutional protections.
Beyond its direct enforcement provisions, SB 4 blurs lines that have long been understood by employers, policymakers, and immigrant communities alike. For years, businesses that hire immigrants have operated under a single framework for understanding hiring, employment authorization, and compliance obligations. By creating state-level immigration offenses and authorizing state actors to take on roles traditionally reserved for federal authorities, Texas is introducing new uncertainty into an already complex system. As implementation begins, employers, local officials, attorneys, and advocates across the political spectrum are left trying to understand how state enforcement efforts will interact with federal immigration laws.
What does this mean for Texans?
The conversation around SB 4 often focuses on immigration enforcement, but its effects will not be confined to the border or the courtroom.
Texas is home to 5.4 million immigrants, who make up 17.8% of the state’s population and more than one-fifth of its workforce. Of those, an estimated 2.1 million are undocumented, representing 38.5% of Texas’ immigrant population and roughly 9% of the state’s workforce. Since the law authorizes Texas peace officers to detain people merely suspected of entering the state from another country without authorization, its effects will be enormous and felt across industries and communities that have become essential to Texas’s economic success.
Immigrants are deeply woven into many of the sectors that Texans often point to as the foundation of the state’s economy. They make up more than one-third of Texas physicians, nearly one-third of energy engineers, and 40% of the state’s construction workforce. Texas’ food industry offers another clear example. Agriculture, food processing, and food services generated more than $102 billion in economic output in 2024, and immigrant workers are present at every stage of the supply chain. They comprise nearly half of miscellaneous agricultural workers, nearly one-third of cooks, and nearly one-quarter of cashiers statewide. In the Houston metropolitan area, more than half of all cooks are immigrants, many of whom lack permanent legal status but nonetheless help power one of the nation’s most dynamic restaurant and hospitality economies.
The reality is that policies like SB 4 do not operate in a vacuum. Even when enforcement is directed at a specific population, the effects ripple through entire communities, workplaces, and industries. Texas is home to more than 1.6 million U.S. citizens who live with at least one undocumented family member, including more than 822,000 U.S.-citizen children with an undocumented parent. When uncertainty and fear increase within immigrant communities, the consequences extend beyond those directly targeted by enforcement. Workers become less likely to engage with public institutions, families become more reluctant to report crimes or seek services, and employers face additional challenges in attracting and retaining talent.
For decades, immigrants have helped fuel Texas’ rise into one of the most economically competitive states in the country. Expanding state-level immigration enforcement while simultaneously trying to attract workers and grow the labor force sends a conflicting message about who is welcome to live, work, and build a future in Texas.
Whether SB 4 ultimately results in hundreds or thousands of arrests, its broader impact will not be measured solely by enforcement statistics. For many immigrant families, including those who are lawfully present, naturalized citizens, or living in mixed-status households, the distinction between who is directly subject to enforcement and who feels affected by it is often far less clear.
The debate over SB 4 will continue in the courts. But policymakers should not lose sight of the broader question that extends beyond legal arguments. Can Texas continue to meet its workforce needs, sustain its economic growth, and remain competitive in the race for talent while simultaneously expanding state-level immigration enforcement that creates uncertainty for workers, families, and employers?
