Immigration and the border
Dallas lawyer for Texas SB 4 illegal entry charges.
Texas SB 4 made crossing into Texas outside a port of entry a state crime, separate from federal immigration law, and Texas began enforcing it in 2026. Any Texas officer can arrest under it, anywhere in the state, not only at the border. The law has been in and out of court, and what you agree to at the first hearing matters: an 'order to return' to the country you came from can affect your future immigration options. Call us before you sign anything. We explain your choices in plain Spanish or English.
Right now
If you or a family member was arrested under SB 4.
- 01
Stay silent about where you were born and how you entered
The State has to prove how and where you entered. Do not explain it to officers, to jail staff or on jail phones, which are recorded. Say you want a lawyer.
- 02
Do not agree to an order to return without a lawyer
A judge can offer to end the case if you agree to go back to the country you entered from. It can sound like a quick way out, but it can carry federal immigration consequences, and refusing to follow it later is a second degree felony.
- 03
Find out the exact charge
Illegal entry (Penal Code 51.02), illegal reentry (51.03) and refusing an order to return (51.04) carry very different penalties. The booking record and the magistrate's paperwork list the charge.
- 04
Ask whether ICE placed a hold
A state arrest can lead to an immigration detainer. That changes whether and when it makes sense to post bond.
- 05
Gather any immigration papers
A visa, parole papers, an asylum grant or application, DACA approval or any pending case. Some of these can be a defense under the law itself.
- 06
Call us, 24/7
The consultation is free and in Spanish or English. We can explain the charge, the bond and the order to return before the next hearing.
Key deadlines and numbers
- Illegal entry, first offense
- Class B misdemeanor: up to 180 days in jailSource: Tex. Penal Code 51.02
- Illegal reentry after removal
- Class A misdemeanor, up to a second degree felony depending on prior recordSource: Tex. Penal Code 51.03
- Refusing an order to return
- Second degree felony: 2 to 20 yearsSource: Tex. Penal Code 51.04
- Probation
- Not available: no community supervision or deferred adjudication for these offensesSource: Tex. Code Crim. Proc. ch. 42A
- Status in court (October 2026)
- Illegal entry enforced since May 15, 2026; reentry and order-to-return provisions running while appeals continueSource: TMCEC SB 4 resources
Texas law
What SB 4 makes a crime.
SB 4 was passed in a special session in late 2023 and added Chapter 51 to the Penal Code. It lets state and local officers arrest, and state courts prosecute, people they believe entered Texas from another country outside a lawful port of entry. Federal immigration law still applies alongside it. Because the law has been in constant litigation, check the date on anything you read about it, including this page.
| Offense | Level | Range of punishment | Notes |
|---|---|---|---|
| Illegal entry from a foreign nation (51.02) | Class B misdemeanor | Up to 180 days in county jail and up to $2,000 | Entering Texas directly from another country at a place other than a lawful port of entry |
| Illegal entry with a prior 51.02 conviction | State jail felony | 180 days to 2 years and up to $10,000 | A prior conviction under the same section raises the level |
| Illegal reentry (51.03) | Class A misdemeanor | Up to 1 year in county jail and up to $4,000 | Being in Texas after having been denied admission, deported or removed |
| Illegal reentry after certain convictions | Felony, up to second degree | Up to 20 years and up to $10,000, depending on the prior record | Higher levels apply when the removal followed a felony or several drug or violence misdemeanors |
| Refusing an order to return (51.04) | Second degree felony | 2 to 20 years in prison and up to $10,000 | Applies to someone who agreed to or was ordered to return and did not |
Who can be charged, and the built-in defenses
Only a person who is not a U.S. citizen can commit these offenses. The law lists defenses, such as federal lawful presence, a grant of asylum, or approval for DACA.
Source: Tex. Penal Code 51.02The order to return
At several points, a magistrate or judge can end the case by ordering the person to return to the country they entered from, if the person agrees. A conviction also comes with an order to return after the sentence. Refusing to follow the order is a separate second degree felony.
Source: Tex. Code Crim. Proc. ch. 5BNo probation
The law bars community supervision and deferred adjudication for these offenses, so the usual path of probation for a first case does not exist. The defense of the charge itself matters more.
Source: Tex. Code Crim. Proc. ch. 42APlaces where arrests are limited
The law limits enforcement at certain places, including schools, places of worship and health care facilities. An arrest made where the law does not allow it can be challenged.
How we work
How we defend an SB 4 case.
Mr. Estrada reads your file and sets the strategy. Our bilingual team works the case with him, and we coordinate with immigration counsel before any decision that touches your status.
01
Make the State prove the entry
The State must prove you entered Texas directly from another country, at a place other than a lawful port of entry. Often the only evidence is a statement, so we look closely at how it was taken and whether warnings were given.
02
Challenge the stop
An officer still needs a lawful reason to stop and detain you. Your appearance, your language or a hunch is not enough. If the stop was unlawful, we move to suppress everything that came from it.
03
Raise every defense the law gives
Federal lawful presence, asylum, DACA approval and other federal status can be defenses. We gather the documents and records to prove them.
04
Preserve the constitutional objections
Parts of SB 4 are still on appeal. We follow the rulings and preserve every objection in your case so you can benefit if the courts limit the law later.
05
Plan the federal side before any decision
Before any plea or order to return, we make sure you understand the immigration side with an immigration attorney, because a state decision can affect what you can do later.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Olegario firm made me feel like I was at home. As soon as I walked in the receptionist was very kind and professional.”What an SB 4 case can mean for the rest of your life.
- Your immigration future
- A state conviction or an order to return can be used in federal immigration proceedings, and leaving under a state order may affect later applications. Get immigration advice before you agree to anything.
- Federal charges for the same facts
- The same facts can also be charged in federal court as illegal entry or illegal reentry (8 U.S.C. 1325 and 1326). A Texas case does not stop federal prosecutors.
- Family, work and home
- Because probation is not available, a conviction usually means time in jail. Make a plan now for children, rent and work, and give someone you trust copies of your important papers.
Dallas and Odessa
SB 4 arrests in Dallas and West Texas.
SB 4 applies statewide. An arrest during a traffic stop on I-35E in Dallas or on I-20 near Odessa is possible, not only near the border. In Dallas County, people are booked at the Lew Sterrett Justice Center and see a magistrate there; in Odessa, at the Ector County jail. Misdemeanor charges go to county court and felonies to district court, so the court depends on the exact charge. We handle these cases from our offices in Oak Cliff and Odessa.
FAQ
Questions people ask.
Is Texas SB 4 in effect right now?
As of October 2026, Texas is enforcing the illegal entry offense, which took effect May 15, 2026, and the reentry and order-to-return provisions are running while appeals continue. Court rulings can change this quickly, so call us for the current status.
Can police in Dallas arrest me under SB 4?
Yes. The law is not limited to the border. Any Texas peace officer can arrest someone they have probable cause to believe committed one of these offenses, subject to the limits on certain places.
What is an order to return?
It is a state court order requiring a person to go back to the country they entered from, usually Mexico. It can be offered instead of prosecution or added after a conviction. Refusing to comply is a second degree felony, so do not agree to one without legal advice.
Can I get probation on an SB 4 charge?
No. The law bars probation and deferred adjudication for these offenses. That makes the defense of the charge, and any negotiation, more important.
I have an asylum case or DACA. Can I be charged?
The law lists federal lawful presence, a grant of asylum and DACA approval among its defenses. A pending application may be treated differently from a grant. Bring your papers to us so we can raise every defense that fits your situation.
How much does it cost to hire you?
The first consultation is free. We discuss the fee and payment options up front, before you hire us.
Related situations
- Immigration consequences of a charge
- Illegal reentry (1326)
- State human smuggling charges
- Jail release, bond and warrants
- Driving without a license
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.