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A federal appeals court has blocked Texas from enforcing SB4, a Republican-backed law allowing state authorities to arrest and prosecute individuals suspected of illegally crossing the U.S.-Mexico border. The 2-1 decision by the 5th U.S. Circuit Court of Appeals upheld a previous injunction, affirming that immigration enforcement remains the exclusive domain of the federal government.
SB4, signed into law by Texas Governor Greg Abbott in December 2023, sought to criminalize unauthorized entry or re-entry into Texas and grant state judges the authority to order deportations, with penalties of up to 20 years for noncompliance. However, the Biden administration and immigrant advocacy groups, including Las Americas Immigrant Advocacy Center, argued the law conflicted with federal immigration authority.
Judge Priscilla Richman, a George W. Bush appointee, authored the majority opinion, referencing a 2012 Supreme Court decision that struck down parts of a similar Arizona law. She concluded that SB4 would undermine federal immigration policies and enforcement. Judge Irma Carrillo Ramirez, appointed by President Biden, joined the ruling.
In dissent, Judge Andrew Oldham, a Trump appointee, criticized the decision as a blow to voters concerned about illegal immigration, citing former President Trump’s push for greater state involvement in border security.
Texas Attorney General Ken Paxton vowed to appeal, stating, “I will always fight to stop illegal immigration.”
The Supreme Court briefly allowed SB4 to take effect earlier this year, but enforcement was quickly halted by the 5th Circuit.
Legal experts and advocacy groups welcomed the ruling. Cody Wofsy of the ACLU said state-led immigration laws like SB4 “are deeply harmful” and have consistently been struck down by courts.
The case highlights ongoing tensions over state versus federal authority on immigration amid rising border concerns.
