Texas Immigration Law Struck Down by Federal Appeals Court
In a significant decision late Thursday night, the U.S. Fifth Circuit Court of Appeals ruled to uphold a block on Texas’ Senate Bill 4 (SB 4), a controversial 2023 law that would have allowed local law enforcement officers to detain individuals suspected of entering the U.S. illegally through the Texas-Mexico border.
The ruling, delivered in a 2-1 vote by a panel of judges in New Orleans, emphasized that immigration enforcement remains under the jurisdiction of the federal government — not individual states. The court noted that SB 4 oversteps that boundary, conflicting with long-standing federal immigration laws.
“For close to 150 years, the Supreme Court has made it clear that immigration matters — including entry, deportation, and citizenship status — are responsibilities solely handled by the federal government,” the opinion reads.
Background on Senate Bill 4
SB 4 was signed into law by Texas lawmakers in 2023 and aimed to give state and local police expanded powers to arrest individuals suspected of unauthorized border crossings outside official ports of entry. The proposed penalties under the law were severe: a first offense could result in a Class B misdemeanor and up to six months in jail, while repeat offenses could be classified as second-degree felonies, carrying prison terms of up to 20 years.
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In addition, the law mandated that, upon completion of any criminal sentence, judges would be required to order the individual transported to a border entry point for removal. Charges could be dropped only if the person voluntarily agreed to return to Mexico.
Legal Battle Continues
Shortly after SB 4 passed, the Biden administration filed a lawsuit to stop its implementation, arguing that the law infringed on the federal government’s exclusive authority over immigration. A lower court agreed and issued an injunction to halt enforcement of the law. Texas appealed the decision.
While the Trump administration later withdrew federal support for the lawsuit, the case continued thanks to challenges brought by El Paso County and two Texas-based immigrant advocacy organizations — American Gateways and Las Americas Immigrant Advocacy Center. The groups are represented by the Texas Civil Rights Project.
Thursday’s appellate ruling keeps the block on SB 4 in place, stating that allowing Texas to implement the law would undermine the federal government’s consistent immigration framework and create legal conflicts.
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What’s Next?
With this latest ruling, Texas’ ability to enforce SB 4 remains on hold while the case proceeds through the legal system. The ongoing challenge is expected to make its way to higher courts and may ultimately land before the U.S. Supreme Court.
For now, the decision serves as a reaffirmation of the federal government’s dominant role in shaping and enforcing immigration laws — a responsibility courts say cannot be delegated to individual states.
