Traveling to Texas: what California families should know about SB 4

This is general information, not legal advice. Texas law is changing in the courts, so check again right before you travel.

This page is about Texas SB 4 and related Texas laws. General travel advice is on Is it safe to travel inside the United States without papers?

What is SB 4?

SB 4 is a Texas law passed in 2023. It added chapter 51 to the Texas Penal Code and chapter 5B to the Code of Criminal Procedure, effective March 5, 2024 (Texas Penal Code ch. 51). It creates three state crimes:

The words "at any time found in this state" matter. The reentry crime is not only about the moment of crossing. A person with an old deportation order who is in Texas for a visit can be charged.

Is SB 4 being enforced right now?

Yes, as far as we can find. Here is the timeline:

• April 24, 2026: the full Fifth Circuit Court of Appeals threw out the earlier order blocking SB 4. It ruled the groups that sued lacked standing. It did not decide whether SB 4 is constitutional (ACLU announcement).
• May 4, 2026: a new class action, L.M.L. v. Martin, was filed in federal court in Austin (W.D. Tex. No. 1:26-cv-01170) against the Texas Department of Public Safety director (case docket summary).
• May 14, 2026: the judge granted a preliminary injunction. Texas appealed on May 18.
• May 29, 2026: a Fifth Circuit panel paused that injunction while the appeal goes on. News reports and the ACLU of Texas say this let Texas enforce the law, including the reentry crime and return orders (JURIST report). We did not read the order itself.

The public docket summary we could read runs only through late May 2026 (case docket summary, checked October 21, 2026), so we cannot tell you whether a later order exists. The case could still go further, even to the U.S. Supreme Court. Before you travel, check ACLU of Texas or ask a lawyer whether SB 4 is still being enforced.

Who is most at risk when visiting Texas?

Your risk depends on your own history. A lawyer should look at it. In general:

• Highest risk: anyone with a past deportation, removal or denied admission. The reentry crime reaches people "found in" Texas at any time. This includes people who were turned back at the border before.
• Real risk: people who crossed into the U.S. from Mexico outside a port of entry, especially if they crossed into Texas. Whether Texas can charge an entry that happened before SB 4 took effect on March 5, 2024 is a question to ask a lawyer before you go.
• Lower risk under SB 4 itself: people who came in with a visa or through a port of entry, and people with status. Federal immigration enforcement still applies to everyone without status, in every state.

SB 4 does not make it a crime to simply be undocumented in Texas. But a traffic stop or an arrest for anything else can lead to questions about how and when you entered.

Does DACA or another status protect me?

Partly. Penal Code 51.02 lists affirmative defenses to the illegal entry crime (Texas Penal Code ch. 51):

• The federal government granted you lawful presence or asylum.
• Your conduct was not a violation of the federal illegal entry law.
• You were approved for DACA between June 15, 2012 and July 16, 2021.

The law says DAPA and any similar program not passed by Congress do not count as a defense.

Two warnings. A defense is something you argue in court, after an arrest, not something that stops the arrest. And these defenses are written for the illegal entry crime only, not the reentry crime.

Where can Texas police not arrest under SB 4?

Code of Criminal Procedure article 5B.001 says a peace officer may not arrest or detain someone to enforce chapter 51 while the person is on the grounds of:

• A public or private primary or secondary school, for educational purposes
• A church, synagogue or other established place of worship
• A health care facility or provider's office, while there for medical treatment
• A facility that does forensic exams for sexual assault survivors, while there for that exam

These limits apply only to SB 4 arrests by Texas officers. They do not stop federal immigration agents.

What is a Texas "return order"?

SB 4 lets a Texas magistrate or judge order a person to go back to the country they entered from, instead of continuing the case (CCP art. 5B.002). The law says this can happen only if the person agrees, has no earlier chapter 51 conviction or order, and faces no Class A or higher charge. After a conviction, the judge must enter the order.

Refusing to follow the order is a second degree felony. Texas courts also may not pause the case because a federal immigration case is pending (art. 5B.003). Never agree to a return order without a lawyer. It can affect your federal immigration case too.

Can I get in trouble for driving family?

Possibly, and the penalties are heavy. Texas Penal Code 20.05, the smuggling law, was toughened in 2023 (Texas Penal Code ch. 20). It covers knowingly:

• Using a car or other vehicle to transport someone with intent to hide them from police, or to flee from police
• Encouraging someone to enter or stay in the U.S. in violation of federal law by concealing, harboring or shielding them from detection

The usual penalty is a third degree felony with a 10 year prison term, and more in some cases. There is a defense if you are closely related to the person (within the second degree, such as a parent, child, sibling, grandparent or grandchild, or the same in law relatives), except in the most serious cases.

What this means for a road trip: driving your cousin to a family party is not the same as hiding someone from police. But how a stop goes, and what officers think you intended, matters. If you plan to drive people without papers in Texas, ask a lawyer first.

What about 287(g) and Border Patrol?

• 287(g) is growing in Texas. A 2025 Texas law (SB 8) requires the sheriff of every county that runs a jail to request and enter a 287(g) agreement with ICE by December 1, 2026 (SB 8 enrolled text, Government Code 753.051). Under 287(g), local officers can do some immigration work, such as checking people booked into jail (ICE 287(g) page). In California, the Values Act limits how state and local agencies help immigration enforcement. That protection does not follow you to Texas. See Does California law stop local police from helping ICE?
• Border Patrol works far from the border. Federal rules let agents operate within 100 air miles of the border (8 CFR 287.1). Much of South and West Texas is inside that zone, and highways there have checkpoints.
• Expedited removal is in use nationwide for people who cannot show two years in the U.S., since a federal appeals court lifted the order that had paused it on June 23, 2026. A request for rehearing, filed July 27, 2026, has no reported ruling. Carry proof of how long you have lived here. See Is it safe to travel inside the United States without papers?

What should I do if Texas police stop me?

• Stay calm and do not run.
• Do not give a false name, address or birth date. In Texas that is a crime if you are arrested or detained (Penal Code 38.02).
• If you are driving and cannot show a license, Texas law makes it a crime to refuse your name, license number, address and birth date during a lawful stop (38.02(b-1)).
• You do not have to answer questions about where you were born or how you entered. The Fifth Amendment protects you from being a witness against yourself (Fifth Amendment). Say, "I want to remain silent and I want a lawyer."
• Do not sign anything, including any agreement to a return order, without a lawyer.
• Carry a red card and your lawyer's number on paper.

Should I go, or should my family come to me?

That is your call. Some families decide the Texas relatives should visit California instead, or meet somewhere else. Others go, but fly instead of driving through border areas, and avoid driving anyone without papers. If someone in your family has an old removal order, take that seriously. Put a family preparedness plan in place before any trip.

Questions people ask us

I have a California AB 60 license. Does it help in Texas? It is a driver's license, but it does not prove immigration status. See Driver's license without papers.

I came on a tourist visa and overstayed. Does SB 4 apply? The illegal entry crime is about entering outside a port of entry, so an overstay alone is not that crime. Federal immigration law still applies. Ask a lawyer about your full history.

My kids are U.S. citizens. Are they at risk? SB 4 applies to noncitizens. Make a plan for your children in case you are detained.

Can a church in Texas shelter me from SB 4 arrest? Texas officers may not make SB 4 arrests on church grounds. That does not limit federal agents, and the smuggling law's "harboring" language is a reason to get legal advice before relying on any shelter.

Does SB 4 apply at the airport? It applies anywhere in Texas except the places listed above. Airport security is federal.

Who can help?

These are free or low cost legal services. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.
• In Texas or any state: the Justice Department's list of free legal service providers, by state.
• Texas updates: ACLU of Texas posts SB 4 updates and know your rights material.
• San Mateo County: Community Legal Services in East Palo Alto, (650) 326-6440. Legal Aid Society of San Mateo County, (650) 558-0915. San Mateo County Immigrant Services, (650) 363-4194.
• Santa Clara County: Office of Immigrant Relations partners.

Only a lawyer or a DOJ accredited representative may give you immigration legal advice. See Warning signs of an immigration scam.

Is there a checklist I can print?